= snot rjesiont yy VIA ELECTRONIC AND OVERNIGHT DELIVERY July 29, 2015 ‘Wayne Spence, President-Elect Public Employees Federation Public Employees Federation Local 4053 Local 4053 P.O; Box 12414 P.O. Box 12414 Albany, NY 12212-2414 Albany, NY 12212-2414 Dear President Kent and President-Elect Spence: L write in response to two letters we have received concerning the PEF triennial election—the first, Wayne Spence’s July 27 letter to Lisa King, PEF general counsel, on which SEIU President Mary Kay Henry and I were copied, and the second, a letter from Susan Kent and other PEF officers, which was faxed to the AFT yesterday, We note that as we were writing this letter, we were copied on an e-mail from the PEF general counsel to both of you that similarly addresses the issues discussed below. ‘The July 28 Kent letter advised that her slate had filed an internal election appeal and asked, assuming the appeal was granted, that the AFT and SEIU appoint a trustee to lead PEF, given that the terms of office end on July 31, while rerun elections were held. The July 27 Spence letter, evidently anticipating this appeal, asked for clarification as to the transition of authority to the new officers pending the appeal. ‘As you both know—as I have talked to both of you in the last 48 hours—the AFT can take no position at this time on the merits of the election appeals. PEF’s governing documents, the AFT constitution and settled law require the appeal process at the PEF level to be exhausted before we may be asked to consider the validity of these arguments. Be assured that we have addressed issues like this before and, if necessary, will address issues of alleged improprieties during the PEF triennial election. However, in the meantime, the law and the APT and PEF constitutions make clear what should happen. Section 481 of the Labor-Management Reporting and Disclosure Act provides that the election results are presumed to be valid and the candidates that were certified as elected by the American Arbitration Association, should be seated and assume responsibilities of office on Aug. 1, 2015, while an election appeal is being considered. Further support for our conclusion that the election results should be presumed valid pending the completion of the appeal process is found in the AFT constitution, which provides in “The American Federation of Teachers union of professionals that champions fines democracy; economic opportunity and high-quality public ection, healthcare and public services or ou students thelr Eames ancl our communities Weare commited toadvancng these prinelples through community engagement organizing, collective harglnng and politcal acvism, and especially through the workourmembersdo, American Federation oF Teachers, artic APT Teachers APTPSRP AFT Higher Edeation ART Public Employees AFT Nurses and Health Profesionals 555 New Jersey Ave. NW ‘Washington, DC 20001 swneattorg Randi Weingarten Loretta Johnson Mary Cathryn Ricker Shelvy¥. Abrams Mary Armstong ‘haba Howes FlseF Burkhalter Christie Campbell Stacey Caruso-Sharpe Kathy A. Chaver Melissa Copper Evelyn Delesus Marietta A English Exc Fesver Francis}. Flynn Andy Ford Catalina R. Fortin David Gray David Hecker FedtickC. Ingram Keith Johnson ferry Jordan Dens Kelly Susan M, Kent Ted Kitsch Frederik E Kowal Karen G Lewis Karen E. Magee Louis Malia John MeDonald| Martin Messner Daniel Montgomery Michael Mulgrew Ruby]. Newbold Candice Owiey Andrew Pallotta Joshua Pechthae Paul Pecorale David}. Quolke Stephen Rooney Denise Specht Timstoelb Richard Statman ‘ann Twomey ‘Adam UrbanskiKent & Spence/Page 2 Article LV, section 5, that local elections shall be conducted in accordance with the standards of Title IV of the LMRDA. ‘Therefore, it is our opinion that those officers, vice presidents and trustees who were certified as elected by AAA must assume office on Aug. 1, 2015, as provided for in the PEF constitution, At the same time, nothing prevents the election appeal from moving quickly and from being considered by the AFT quickly once all internal processes have been exhausted. ‘Throughout this process, we have kept PEF’s sister national union, SEIU, informed of our actions, and we have copied them below. Susan and Wayne, I appreciate you both reaching out, and I deeply respect and admire both of you for your activism and commitment to our members. I urge you to let the transition occur, knowing full well that if this issue comes to the AFT, we will ensure any appeal is given the attention it warrants. All a Ue President DS : vk ce: Lorretta Johnson Mary Kay Henry, President, SEIU Lisa King, General Counsel, PEF Chris Runge Barbara Pallazzo Mark Bostic Tish Olshefski John Feldman Julie Hoffsten Judy Scott, General Counsel, SEIU David Strom Mark Richard Jessica Smith Phillip Delpiano, PEF Elections Committoe Chair