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Labor - Management Reporting and Disclosure Act of 1959, as
Amended
TITLE I - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS
BILL OF RIGHTS (29 U.S.C. 411)
SEC. 101. (a) (1) EQUAL RIGHTS
- Every member of a labor organization
shall have equal rights and privileges within such organization to nominate
candidates, to vote in elections or referendums of the labor organization, to attend
membership meetings and to participate in the deliberations and voting upon the
business of such meetings, subject to reasonable rules and regulations in such
organizations constitution and bylaws.
(2) FREEDOM OF SPEECH AND ASSEMBLY - Every member of any labor
organization shall have the right to meet and assemble freely with other members;
and to express any views, arguments, or opinions; and to express at meetings of
the labor organization his views, upon candidates in an election of the labor
organization or upon any business properly before the meeting, subject to the
organization’s established and reasonable rules pertaining to the conduct of
meet ings: Provided, That nothing herein shall be construed to impair the right of a
labor organization to adopt and enforce reasonable rules as to the responsibility
of every member toward the organization as an institution and to his refraining
from conduct that would interfere with its performance of its legal or contractual
obligations.
(3) DUES, INITIATION FEES, AND ASSESSMENTS
- Except in the case of a
federation of national or international labor organizations, the rates of dues and
initiation fees payable by members of any labor organization in effect on the date
of enactment of this Act shall not be increased, and no general or special assessment
shall be levied upon such members, except -
(A) in the case of a local organization, (i) by majority vote by secret
ballot of the members in good standing voting at a general or special mem
bership meeting, after reasonable notice of the intention to vote upon such
question, or (ii) by majority vote of the members in good standing voting
in a membership referendum conducted by secret ballot; or,
(B) in the case of a labor organization, other than a local labor organi
zation or a federation of national or international labor organizations,
(i) by
majority vote of the delegates voting at a regular convention, or at a special
convention of such labor organization held upon not less than thirty
days
written notice to the principal office of each local or constituent labor
organization entitled to such notice, or (ii) by majority vote of the members
in good standing of such labor organization voting in a membership
refer
endum conducted by secret ballot, or (iii) by majority vote of the members
of the executive board or similar governing body of such labor organization,
pursuant to express authority contained in the constitution and bylaws of
such labor organization: Provided, That such action on the part of the
executive board or similar governing body shall be effective only until the
next regular convention of such labor organization.
(4) PROTECTION OF THE RIGHT TO SUE - No labor organization shall limit
the right of any member thereof to institute an action in any court, or in a
proceed
ing before any administrative agency, irrespective of whether or not the labor
organization or its officers are named as defendants or respondents in such action
or proceeding, or the right of any member of a labor organization to appear as a
legislature or to communicate with any legislator: Provided, That any such mem
ber may be required to exhaust reasonable hearing procedures (but not to exceed
a tour-month lapse of time) within such organization, before instituting legal or
administrative proceedings against such organizations or any officer thereof:
And
provided further, That no interested employer or employer association shall
directly or indirectly finance, encourage, or participate in, except as a party, any
such action, proceeding, appearance, or petition.
(5) SAFEGUARDS AGAINST IMPROPER DISCIPLINARY ACTI0N - No member
of any labor organization may be fined, suspended, expelled, or otherwise dis
ciplined except for nonpayment of dues by such organization or by any officer
thereof unless such member has been (A) served with written specific charges;
(B) given a reasonable time to prepare his defense; (C) afforded a full and fair
hearing.
(b) Any provision of the constitution and bylaws of any labor organization
which is inconsistent with the provisions of this section shall be of no force or effect.
Civil Enforcement
CIVIL ENFORCEMENT
(29 U.S.C. 412)
SEC. 102. Any person whose rights secured by the provisions of this title
have been infringed by any violation of this title may bring a civil action in a
district court of the United States for such relief (including injunctions) as may
be appropriate. Any such action against a labor organization shall be brought
in the district court of the United States for the district where the alleged
viola
tion occurred, or where the principal office of such labor organization is located.
Retention of Existing Rights
RETENTION OF EXISTING RIGHTS (29
U.S.C. 413)
SEC. 103. Nothing contained in this title shall limit the rights and remedies
of any member of a labor organization under any State or Federal law or before
any court or other tribunal, or under the constitution and bylaws of any labor
organization.
RIGHTS TO COPIES OF COLLECTIVE BARGAINING
AGREEMENTS
(29 U.S.C. 414)
SEC. 104. It shall be the duty of the secretary or corresponding principal
officer of each labor organization, in the case of a local labor organization, to
forward a copy of each collective bargaining agreement made by such labor
organization with any employer to any employee who requests such a copy and
whose rights as such employee are directly affected by such agreement, and in the
case of a labor organization other than a local labor organization, to forward a copy
of any such agreement to each constituent unit which has members directly affected
by such agreement; and such officer shall maintain at the principal office of the
labor organization of which he is an officer copies of any such agreement made or
received by such labor organization, which copies shall be available for
inspection by any member or by any employee whose rights are affected by such
agree
ment. The provisions of section 210 shall be applicable in the enforcement of
this section.
Information as to Act
(29 U.S.C. 415)
SEC. 105. Every labor organization shall inform its members concerning the
provisions of this Act.
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