The Labor-Management
Reporting and Disclosure Act (LMRDA) guarantees
certain rights to union members and imposes
certain responsibilities on union officers to
ensure union democracy, financial integrity and
transparency. The Office of Labor-Management
Standards (OLMS) is the Federal agency with
primary authority to enforce 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.
If you suspect a violation of these rights or
responsibility, please contact the Department of
Labor at 1-866-4-USA-DOL. Please note that
the LMRDA only applies to private sector unions
in the United States.
UNION MEMBER
RIGHTS
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; and
-
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.
Officer Elections
- Union members have the right to:
-
Nominate candidates for
office;
-
Run for office;
-
Cast a secret ballot;
and
-
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:
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; and
-
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.
Download a PDF version
of Union Members: Know Your Rights.