That Union Thing
Rights of Union Members Protected by Federal Law
Unions are only corrupt if their members allow it.
The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), which can be found at http://www.dol.gov/esa/regs/statutes/olms/lmrda.htm , guarantees certain rights to union members, requires unions to make certain information publicly available, and allows the Federal Government to get involved when unions fail to fulfill their obligations to members.
Protection of the Democratic Process
Members are guaranteed equal rights to attend and participate in meetings and to vote on the policy of the union. At Local 655:
- Any member in good standing may attend and speak at meetings.
- Robert’s Rules are used to preserve the right of the minority to be heard.
- Bylaws are the “laws” of the union, and can only be changed by:
- A majority vote of membership.
- After discussion.
- At a duly called meeting.
- With notice sent to all members at least 30 days in advance.
The LMRDA ensures that members have equal rights to nominate candidates for officers. Local 655 holds nominations by petition, and the only requirements are that a candidate be in good standing and obtain signatures of 5 other members in good standing. The LMRDA also guarantees members equal rights to vote in elections. Local 655 holds elections by mail ballot, which are sent to all members in good standing at least 30 days before election day. Elections are run by members, none of whom are running for office.
Protection of Free Speech
Members have the right to freely assemble, meet with other members, and express any views or opinions thanks to the LMRDA.Protection from Fiduciary Misconduct
- Dues and fees can only be increased by a majority vote by secret ballot at a meeting.
- Financial statements must be filed annually with the Department Of Labor.
- Statements are online at http://erds.dol-esa.gov/query/getOrgQry.do .
- Statements provide summary information on income and expenses.
- Expenses are itemized by category.
- Vendors receiving more than $5000 per year are itemized.
- Officers are required to disclose any payments received from employers, union lawyers or accountants, and these reports are also public record and can also be found online at http://www.dol-esa.gov/sr_lookup/sr_lookup.htm?ReportType=30 .
Protection from Improper Disciplinary Action
The LMRDA provides that members cannot be fined, suspended, or expelled (except for nonpayment of dues) without due process. At Local 655:
- Notice of a hearing is sent to a charged member via certified mail at least 21 days in advance.
- The Executive Board conducts the hearing.
- The member can appeal the decision to the national union office.
- After exhausting these procedures, members are then free to file a lawsuit if they so choose.
Rights to Access
A union’s financial reports are public record. In addition to the Department of Labor return mentioned above, as a nonprofit, a union’s IRS return is also public record. The LMRDA ensures that members have access to copies of collective bargaining agreements, and Local 655 bylaws guarantee members the right to inspect minutes and other financial records as well.
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