The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)
In 1959, a bipartisan Congress determined that the enactment of the Labor-Management Reporting and Disclosure Act (LMRDA) was necessary to eliminate or prevent improper practices on the part of labor organizations, employers, labor relations consultants, and their officers and representatives. The Office of Labor-Management Standards (OLMS) administers most of the provisions of the statute.
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.
Bill of Rights - Union members have:
- equal rights to participate in union activities
- freedom of speech and assembly
- voice in setting rates of dues, fees, and assessments
- protection of the right to sue
- safeguards against improper discipline
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 the OLMS Internet Public Disclosure Room at www.unionreports.dol.gov.
Officer Elections - Union members have the right to
- nominate candidates for office
- run for office
- cast a secret ballot
- protest the conduct of an election
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 Certain Discipline - A union or any of its officials may not fine, expel, or otherwise discipline a member for exercising any LMRDA right.
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.
- retain the records necessary to verify the reports for at least five years.
Officer Reports - 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 Elections - Unions must:
- hold elections of officers of local unions by secret ballot at least every three years
- conduct regular elections in accordance with their constitution and bylaws and preserve all records for one year
- mail a notice of election to every member at least 15 days prior to the election
- comply with a candidate's request to distribute campaign material
- not use union funds or resources to promote any candidate (nor may employer funds or resources be used)
- permit candidates to have election observers
- allow candidates to inspect the union's membership list once within 30 days prior to the election
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.
Loans - A union may not have outstanding loans to any one officer or employee that in total exceed $2,000 at any time.
Fines - A union may not pay the fine of any officer or employee convicted of any willful violation of the LMRDA
COMPLIANCE LINKS
The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)
In 1959, a bipartisan Congress determined that the enactment of the Labor-Management Reporting and Disclosure Act (LMRDA) was necessary to eliminate or prevent improper practices on the part of labor organizations, employers, labor relations consultants, and their officers and representatives. The Office of Labor-Management Standards (OLMS) administers most of the provisions of the statute.
Title I—Bill of rights of members of labor organizations
Enforceable by private action, title I of the LMRDA provides labor organization members with certain rights including freedom of speech, freedom of assembly, and safeguards against improper disciplinary action. See 29 U.S.C. §§ 411-15. OLMS administers title I’s provision giving members a right to copies of relevant collective bargaining agreements and may bring a civil suit to enforce this provision. See 29 U.S.C. §§ 414; 440.
Title II—Reporting by labor organizations, officers and employees of labor organizations, and employers
Title II of the LMRDA provides that covered labor organizations, as well as certain employers, labor relations consultants, and their officers and representatives must file financial disclosure reports with OLMS. The agency may bring an enforcement suit for failure to file the required forms. See 29 U.S.C. §§ 431-41. These reports are available to the public on the OLMS website.
Title III—Trusteeships
Title III of the LMRDA provides that a labor organization must file disclosure reports with OLMS when placing a subordinate body under trusteeship and may only establish and administer trusteeships for legitimate purposes consistent with the organization’s constitution and bylaws. These reports are available to the public on the OLMS website. Upon a union member’s complaint, the agency may bring an enforcement suit for violations of certain trusteeship provisions of the LMRDA. See 29 U.S.C. §§ 461-66.
Title IV—Elections
Title IV of the LMRDA provides minimum standards that labor organizations must follow when conducting internal union officer elections. For example, unions must conduct regular elections, provide adequate safeguards to ensure a fair election, allow candidates to have observers at certain phases of the election process, provide members a reasonable opportunity to nominate candidates, run for office, and support the candidates of their choice, and provide the right to vote. Upon a union member’s complaint, the agency will bring an enforcement suit if it finds violations of the statute that may have affected the outcome of the election. See 29 U.S.C. §§ 481-83.
Title V—Safeguards for labor organizations
Title V of the LMRDA prohibits individuals convicted of certain crimes from holding a position with employers or labor relations consultants that includes a labor-management role and from holding union office or employment or serving in certain other capacities. The prohibitions of Section 504 are incorporated into the federal sector Standards of Conduct provisions and, therefore, are applicable to federal employee unions, as well. When a person subject to the bar petitions the federal or state sentencing court to reduce the bar, or petitions the relevant federal district court for an exemption from the bar, the court notifies the Department. OLMS will investigate and work with CRLM to make a recommendation to the court on whether the bar should be reduced for all positions or removed for a particular job or position. See 29 U.S.C. §§ 501-04.
The Civil Service Reform Act
The Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. 7101 et seq., applies to labor organizations which represent employees in most agencies of the executive branch of the Federal Government. Section 7120 of Title VII of the CSRA sets forth the Standards of Conduct for Federal sector labor organizations. The Department’s regulations that implement the standards of conduct provisions establish standards of conduct for Federal unions similar to provisions under the LMRDA. For example, the standards of conduct regulations include a Bill of Rights for Federal sector union members and incorporate the LMRDA reporting and election provisions. When administering the standards of conduct regulations for Federal sector unions, OLMS is guided by LMRDA policies and principles. Unlike the LMRDA, the CSRA standards of conduct regulations are enforced entirely through various administrative actions depending upon the violation.
