Rights Introduction

The following is a general outline of selected legal rights of private sector workers within their union under the Labor-Management Reporting and Disclosure Act (LMRDA), also known as the Landrum-Griffin Act. The LMRDA is a federal law that was passed by Congress in 1959 and is administered by the U.S. Department of Labor.

The LMRDA defines the rights of private-sector union members and the responsibilities of union officials. A copy of the Landrum-Griffin Act can be obtained from the Department of Labor website at:

http://www.dol.gov/dol/esa/public/regs/statutes/olms/olmstat.htm

Title I - Bill of Rights for Union Members

A. You have equal rights and privileges within the union to nominate candidates, to vote in elections, to participate in meetings and to vote upon the business of the meetings, subject to reasonable rules in the union constitution and bylaws.

B. You have the right to engage in free speech activities and to assemble freely with other union members, without reprisals from union officials. Examples of such activities are:

Criticizing union officials
Expressing any viewpoint at union meetings, subject to reasonable rules about the conduct of meetings
Distributing literature outside the union hall of inside the hall if members cannot be reasonably reached from the outside.
Holding separate caucus meetings of rank-and-file members without interference of union officials.

C. You have a right to a secret ballot vote on the rates of dues, initiation fees and assessments.

D. You have the right to sue the union without reprisal, but you may first be required to exhaust the internal union appeal procedures for no more than four months.

E. You are protected from improper union discipline that does not allow for due process and a fair hearing.

You have a right to receive a copy of the labor contract that covers you, along with all supplements, and to inspect contracts that your local union administers.

Title II - Reporting Requirements

A. Unions are required to file copies of the constitution and bylaws, and annual financial reports known as LM-2 Reports with the Department of Labor. The reports contain the salaries and expenses of officers and full-time employees of the union, as well as other detailed income and expenses of the union.

B. Copies of the LM-2 Reports , as well as the union constitution and bylaws filed with the Department of Labor are public information. A copy of the report can be obtained from the Department of Labor website at:

http://www.dol.gov/dol/esa/public/regs/compliance/olms/rrlo/orderf.htm

You can also write to: U.S. Department of Labor, Office of Labor-Management standards, Washington, D.C. 20210. State what documents you are seeking copies of.

Title IV - Elections

A. A local union must hold regular secret ballot elections of officers at least every three years.

All members in good standing have a right to run for office, subject to reasonable, uniformly imposed qualifications.
All members may support the candidate of their choice free from penalty or reprisal of any kind by the union.
A candidate has a right to inspect the membership list one time during the election campaign. The union is required to mail a candidate's campaign literature to union members at the candidate's expense.
No union or employer money, resources or other goods or services may be contributed to support and candidate in the election.
The union must provide each member in good standing with a reasonable notice for nomination of officers.
The union must mail a notice of election to each member at his or her last known home address not less than 15 days before the election. The election notice may be combined with the nomination notice.

In the matters of election of union officers, and/or union discipline being taken against you, you should check the provisions of the union constitution and bylaws. You usually have to follow the constitution and bylaws before seeking help from the government. Internal union matters can be complex, therefore it is a good idea to check with a labor lawyer for advice.

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