By
DEBORAH A. MILES and HAROLD EISENSTEINAs a PEF member, you are entitled to certain rights under the Labor Management Reporting and Disclosure Act (LMRDA). Although the LMRDA applies primarily to unions that represent private-sector employees, PEF is still required to inform its members of their rights, as the union represents both private and public-sector employees.
LMRDA was enacted into law by Congress in 1959.
PEF President Ken Brynien said the LMRDA establishes minimum requirements that unions subject to its jurisdiction must meet.
“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.” Brynien said. “They must be consistent with the LMRDA.”
Your rights
Title 1 of the LMRDA includes five categories in its rights for union members. They include:
Equal rights and privileges to nominate candidates for union office, vote in union elections and referendums, attend membership meetings and participate in deliberation and voting at these meetings.
Members also have 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.
In addition, members have the right to vote by secret ballot on any increase of union dues or assessments by the local union and the right to either a referendum vote or 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.
And more rights
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.
Finally, the LMRDA requires unions to provide their members with 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.)
