AFT Resolution

RESOLUTION DEFINING JURISDICTION OF LOCALS

A primary purpose of the AFT is to organize teachers into locals and to assist in building such locals into strong, effective unions. This abiding purpose has been reinforced by the adoption, in recent years, of the present Section 1 of Article II, which by its prominent placement and vigorous language asserts that AFT commits itself: "To obtain exclusive bargaining rights for teachers and other educational workers."

The Executive Council has found that collective bargaining is achieved principally by locals whose members are employees of one employer and where the local commands the loyalty and membership of a strong majority of the teachers in a bargaining unit. Therefore, it is necessary to encourage the growth of such local unions in every way constitutionally possible.

The Executive Council has the power (under Section 7 of Article Vl of the AFT Constitution) to interpret and enforce the Constitution, and to make rules and regulations not in conflict therewith. When the occasion and necessity arise, it has a duty to exercise this authority.

In carrying out its responsibility it must keep in mind the purposes and objectives of the Federation (Article II) as well as the specific provisions that have been established in the Constitution and By-laws.

Thus, it is recognized that the Executive Council shall use its discretion in the chartering of locals and defining the jurisdictions in which they may exercise the privileges granted to them (Article IV, Sections 1 , 2, and 3). A local must file copies of its constitution and by-laws and amendments as adopted from time to time. The purpose of this provision is to keep these locals within the bounds prescribed by the Constitution (Article IV, Section 4). Any such charter may be suspended or revoked by the Executive Council when it finds that the existence of a local is detrimental to the development of democracy in education (Article IV, Section 6; Article VI, Section 11).

It is necessary inference that any practice or activity of a local that appears to violate the national charter is subject to the disciplinary powers of the Executive Council. Thus, in past times, many locals were forced either to merge with other locals to end racial segregation or to disband if unable or unwilling to comply.

Construing the provisions of the Constitution mentioned above, as well as the Constitution as a whole, the Executive Council, pursuant to its powers, interprets the Constitution as follows:

The AFT is a federation of autonomous locals chartered by the American Federation of Teachers and operate within a specific geographic jurisdiction. Usually the local jurisdiction pertains to a bargaining unit of employees of a single employer or of bargaining units in the same general geographic area unless otherwise required by law. Where a statute or court decision defines the bargaining unit on a broader basis, exceptions will be made to conform to such statutes or court orders. This assumes that a local's jurisdiction shall be within a district, city or county, or in a few cases, a state. It will not be considered an infraction of this principle if there are several employers of teachers and other educational workers within the same general geographic area and the employees of such employers are organized separately or combined into one local union.

No person shall be a member of any local or member at-large of a state federation if there is in existence a local that has jurisdiction in such person's place of employment.

No teacher or other educational worker who is employed within the jurisdiction of an AFT local is eligible for membership-at-large in a state federation or in any other local. Any such person who wishes membership in AFT may transfer membership to the local within whose jurisdiction he/she is employed within 30 days after such local is chartered.

No local shall have or maintain jurisdiction in an area that crosses state lines (except the employees of a single employer or is located in more than one state without the specific approval of the Executive Council. If any such locals now exist, this statement of policy shall apply to them, but they may petition the next meeting of the Executive Council for authority to continue such jurisdiction.

(1975)