| LMRDA
gives union members ‘Bill of Rights’ Do you know your rights under the Labor Management Reporting and Disclosure Act? By HAROLD EISENSTEIN The Labor Management Reporting and Disclosure Act (LMRDA), enacted into law by Congress in 1959, applies primarily to unions that represent private-sector employees. However, a union, such as PEF, that represents both private - and public-sector employees is subject to the provisions of the LMRDA and is required to inform its members of their rights under the act. LMRDA does not spell out detailed procedures. Rather, it sets minimum requirements that all unions subject to its jurisdiction must meet. You can have more, not less As a result, unions are free to establish in their constitutions and bylaws democratic procedures and rights for members that are above and beyond those specified in the LMRDA. Unions cannot, however, enact provisions in their constitutions and bylaws that are inconsistent with the LMRDA. Union members’ Bill of Rights Title I of the LMRDA sets out a “Bill of Rights” for union members. It guarantees to every union member five categories of rights: • Equal rights and privileges to nominate candidates, vote in elections and referendums, attend membership meetings and participate in deliberation and voting at these meetings; • The right to meet and assemble freely with other members, express any views, arguments and opinions, and express at union meetings any views upon candidates or upon any business before the meeting; • The right to vote by secret ballot on any increase of union dues or assessments by the local union and the right either to a referendum vote, or to a majority vote of delegates at a convention, on any dues increase at a district or national union level; • The right to sue or initiate administrative proceedings, even against the union and its officers, appear as a witness in any proceedings, and petition the Legislature or communicate with any legislator; and • The right not to be disciplined (by the union), unless served with specific charges and afforded a full and fair hearing. You’ve got the right to sue The LMRDA also provides for private civil enforcement of members’ rights in federal district court. However, with some exceptions, the LMRDA requires the union member to exhaust available internal union remedies for a reasonable period, not exceeding four months, before filing a lawsuit. Contract access guaranteed Finally, the LMRDA requires unions to provide all members with access to copies of their collective-bargaining agreement. This section of the law was intended to permit members to enforce their rights under the collective-bargaining agreement by allowing them to see what benefits they are entitled to under the agreement. |