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Union Member Rights and Officer Responsibilities Under the LMRDA |
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The Labor-Management Reporting and Disclosure Act (LMRDA) guarantees certain rights to union members and imposes certain responsibilities on union officers. The Office of Labor-Management Standards (OLMS) enforces many LMRDA provisions while other provisions, such as the bill of rights, may only be enforced by union members through private suit in federal court. For more information contact the nearest OLMS field office. Union Members' Rights Bill of Rights—Union members have: • equal rights to participate in union activities Copies of Collective Bargaining Agreements—Union members and nonunion employees have the right to receive or inspect copies of collective bargaining agreements. Reports—Unions are required to file an initial information report (Form LM-1), copies of constitutions and bylaws, and an annual financial report (Form LM-2/3/4) with OLMS. Unions must make the reports available to members and permit members to examine supporting records for just cause. The reports are public information and copies are available from OLMS. Officer Elections—Union members have the right to: • nominate candidates for office Officer Removal—Local union members have the right to an adequate procedure for the removal of an elected officer guilty of serious misconduct. Trusteeships—Unions may only be placed in trusteeship by a parent body for the reasons specified in the LMRDA. Prohibition Against Violence—No one may use or threaten to use force or violence to interfere with a union member in the exercise of LMRDA rights. Union Officer Responsibilities Financial Safeguards—Union officers have a duty to manage the funds and property of the union solely for the benefit of the union and its members in accordance with the union's constitution and bylaws. Union officers or employees who embezzle or steal union funds or other assets commit a federal crime punishable by a fine and/or imprisonment. Bonding—Union officers or employees who handle union funds or property must be bonded to provide protection against losses if their union has property and annual financial receipts which exceed $5,000. Labor Organization Reports—Union officers must: • file an initial information report (Form LM-1) and annual financial reports (Forms LM-2/3/4) with OLMS. Officer Report—Union officers and employees must file reports concerning any loans and benefits received from, or certain financial interests in, employers whose employees their unions represent and businesses that deal with their unions. Officer Election—Unions must: • hold elections of officers of local unions by secret ballot at least every three years. Restrictions on Holding Office—A person convicted of certain crimes may not serve as a union officer, employee or other representative of a union for up to 13 years. Fines—A union may not pay the fine of any officer or employee convicted of any willful violation of the LMRDA. The above is a summary of the LMRDA. Full text of the Act, which comprises Sections 401-531 of Title 29, U.S. Code, may be found in many public libraries, or by writing the U.S. Department of Labor, Office of Labor-Management Standards, 200 Constitution Avenue, N.W., Room N-5616, Washington, DC, 20210, or on the Internet at www.dol.gov. |
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