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Labor Solidarity Partnership Agreement
Between the American Federation of Labor and Congress of Industrial
Organizations and the National Education Association |
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PREAMBLE |
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The American Federation of Labor and Congress of Industrial
Organizations ("AFL-CIO") and the National Education Association ("NEA"),
affirming the importance of a unified voice on behalf of America's
working families, our members, and the public that we serve, enter into
this Agreement establishing the AFL-CIO/NEA Labor Solidarity Partnership
("Partnership"). |
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I. PURPOSE OF PARTNERSHIP |
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The AFL-CIO and the NEA recognize that it is in their mutual best
interest for the NEA and its affiliates to participate in the broader
labor movement through joint efforts with the AFL-CIO and its affiliates
at the national, state, and local levels. The purpose of the Partnership
is to encourage and facilitate such participation by affording NEA
affiliates the opportunity to become members of AFL-CIO local central
labor councils ("CLCs") and AFL-CIO state federations. In affording this
opportunity, the Partnership has been crafted to reflect the fact that
the national NEA does not now, and will not by virtue of the
Partnership, have any affiliation relationship with the AFL-CIO. |
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II. AFFILIATION OF NEA LOCAL AFFILIATES WITH THE AFL-CIO AND
MEMBERSHIP OF NEA LOCAL AFFILIATES IN AFL-CIO LOCAL CENTRAL LABOR
COUNCILS AND STATE FEDERATIONS |
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A. Procedure to Become a Directly Affiliated NEA Local of the
AFL-CIO |
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1. An NEA local affiliate that desires to become a member of a CLC will
notify the NEA and the AFL-CIO. The Implementation Committee provided
for in Section IV of this Agreement will develop rules and procedures
for providing such notice. |
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2. The AFL-CIO and the NEA will consult with each other through the
Implementation Committee concerning each request for membership, and
each organization will consult with their affiliated organizations
through their own internal processes. |
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3. If after the foregoing consultations both the AFL-CIO and the NEA
approve the request, the AFL-CIO will issue a Certificate of Affiliation
to the NEA local affiliate designating it as a Directly Affiliated NEA
Local of the AFL-CIO ("DANL"), eligible to be a member of the relevant
CLC. The AFL-CIO and the NEA also will address in their consultation the
nature of the relationship between the DANL and the relevant AFL-CIO
state federation, and whether a percentage of the per capita taxes that
the DANL pays to the AFL-CIO should be rebated to the DANL in light of
the unique relationship between the AFL-CIO and the NEA. The agreements
reached on these and any other issues will be subject to approval by the
DANL and the relevant NEA state affiliate, and will be reflected in the
Certificate of Affiliation issued by the AFL-CIO to the DANL. |
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B. Rights and Obligations of a DANL |
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1. Except as otherwise provided in Section 2 below, a DANL will in all
respects, including representation and voting in the AFL-CIO and
coverage under Articles XX and XXI of the AFL-CIO Constitution, have the
same rights and obligations in the national AFL-CIO as any Directly
Affiliated Local Union of the AFL-CIO. |
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2. The AFL-CIO waives any oversight powers that it may have under the
AFL-CIO Constitution or otherwise with regard to DANLs, including the
power to trustee or merge DANLs. The AFL-CIO's oversight powers will be
limited to revoking a DANL's Certificate of Affiliation for its failure
to meet its obligations under this Agreement, including non-payment of
per-capita taxes, or failure to comply with decisions rendered under
Article XX or XXI of the AFL-CIO Constitution. Except as to any
financial obligations that a DANL may have under this Agreement, the
AFL-CIO waives any rights that it may have under the AFL-CIO
Constitution or otherwise to any claim on the assets of a DANL. |
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3. As a member of a CLC, a DANL will have the same rights and
obligations as other AFL-CIO local affiliates which are members of the
CLC, including rights and obligations with regard to payment of per
capita taxes to the CLC and participation in the governance and affairs
of the CLC. As with other AFL-CIO local affiliates which are members of
CLCs, DANLs are not bound by the CLC's political endorsements, nor are
they required to participate in the CLC's member mobilization program in
support of the endorsed candidates. A DANL may not participate in a
CLC's political program in support of an endorsed candidate absent the
approval of the relevant NEA state affiliate. |
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4. As a member of an AFL-CIO state federation, a DANL will have such
rights and obligations as have been agreed to by the AFL-CIO and the NEA,
and set forth in the Certificate of Affiliation issued to the DANL by
the AFL-CIO. As with other AFL-CIO local affiliates which are members of
state federations, DANLs are not bound by the state federation's
political endorsements, nor are they required to participate in the
state federation's member mobilization program in support of the
endorsed candidates. A DANL may not participate in a state federation's
political program in support of an endorsed candidate absent the
approval of the relevant NEA state afiiliate. |
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5. DANLs will transmit their AFL-CIO per-capita taxes to the NEA, which
will in turn transmit them to the AFL-CIO. The AFL-CIO will transmit any
rebates that may be due to DANLs to the NEA, which will in turn transmit
them to the DANLs. These transmissions will be in a manner agreed upon
by the Implementation Committee. |
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6. Whether a DANL meets the requirements of federal, state and local law
will be the responsibility of the DANL, and the AFL-CIO will have no
responsibility in this regard. |
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7. A DANL may terminate its affiliation with the AFL-CIO and its
membership in a CLC and an AFL-CIO state federation on sixty (60) days
written notice to the NEA, the AFL-CIO, the CLC, and the AFL-CIO state
federation. A DANL will have no obligation to pay per capita taxes to
the AFL-CIO, the CLC, or the AFL-CIO state federation subsequent to the
effective date of termination, but will remain liable for any and all
financial obligations to the AFL-CIO, the CLC, and the AFL-CIO state
federation incurred prior to that date. |
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III. MEMBERSHIP OF NEA STATE AFFILIATES IN AFL-CIO STATE
FEDERATIONS |
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The AFL-CIO and the NEA will consult with each other through the
Implementation Committee concerning requests from NEA state affiliates
that desire to become members of AFL-CIO state federations. In this
consultation, the Implementation Committee will develop procedures and
mechanisms for NEA state affiliates to become members of state
federations, including the conditions under which such membership will
be allowed. |
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IV. IMPLEMENTATION COMMITTEE |
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Not later than ten (10) days after the effective date of this Agreement,
an Implementation Committee, consisting of three members appointed by
the AFL-CIO and three members appointed by the NEA, will be established
to oversee and facilitate implementation of this Agreement. |
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V. MISCELLANEOUS |
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A. Except as provided for in this Agreement, or by reason of affiliation
wit the American Federation of Teachers, no NEA local or state affiliate
will become an affiliate of the AFL-CIO, or a member of a CLC or an
AFL-CIO state federation. |
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B. The AFL-CIO and the NEA will publicize this Agreement among their
affiliates. The NEA will advise its affiliates to consider whether to
take advantage of the opportunity afforded them by this Agreement, and
will provide information and technical assistance to its local and state
affiliates that desire to do so. |
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VI. DURATION |
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This Agreement will become effective when it is approved by the
appropriate governing bodies of the AFL-CIO and the NEA. It will
terminate on December 31, 2009, unless: A. extended by mutual
agreement of the parties; or
B. terminated prior to December 31, 2009, by either party on sixty
(60) days written notice to the other. |
