Allows a trusteeship (for authorization control of a union) to be authorized only after a fair hearing either before the executive board or another body provided by the constitution and bylaws of the labor organization. Allows a temporary trusteeship to be established where such immediate action is necessary.
Requires a labor organization to show by clear and convincing proof that the continuation of the trusteeship is necessary for an allowable purpose in order to prevent it, 18 months after authorization, from being presumed invalid in specified proceedings under the Act and having its discontinuance decreed. Authorizes the court, if the labor organization makes such a successful showing for continuation, to dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate.
Requires, upon dissolution of a trusteeship, the previously elected officers of the local union to be reinstated or a new election to be held promptly. Directs a court to supervise such an election if it has ordered it after dissolving a trusteeship.
Gives all bona fide candidates for office in a labor organization the right to be provided, upon request, with a copy of the membership list.
Requires elections at least once every four years, by secret ballot among members in good standing, of officers of intermediate bodies, such as general committees, system boards, joint boards or joint councils who engage in negotiation, administration, or enforcement of collective agreements, or exercise control over the finances or other major functions of local unions. Allows officers of other intermediate bodies to be elected by representatives of such members who have been elected by secret ballot.
Prohibits qualifications for office in a labor organization from excluding a majority of the members.
Authorizes a court to declare an election void upon a finding that a violation of election procedural requirements under the Act may have substantially understated or overstated the support of one of the candidates for office in a labor organization to the point that the democratic purposes of the election were undermined. (Replaces the current criterion that such violation may have affected the election outcome.)
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4963 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 4963
To amend the Labor-Management Reporting and Disclosure Act of 1959.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2000
Mr. Boehner introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Labor-Management Reporting and Disclosure Act of 1959.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Democratic Rights
for Union Members Act of 2000''.
(b) References.--Whenever in this Act an amendment is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Labor-Management Reporting and Disclosure Act of 1959
(29 U.S.C. 401 et seq.).
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The labor movement derives its strength from democracy
and unions lacking true democracy cannot serve in full measure
their economic, social, and political function in a democratic
society.
(2) Union officers should recognize that unions belong to
rank-and-file members and strive to respond to their wishes on
issues of policymaking and decisionmaking.
(3) Authoritarian control of unions is contrary to the
spirit, traditions, and principles that should guide the labor
movement.
(b) Purposes.--The purposes of the amendments made by this Act
are--
(1) to strengthen the Labor-Management Reporting and
Disclosure Act of 1959 to protect and promote democratic
processes and democratic rights of union members;
(2) to ensure that labor organizations exist to express the
will of the members; and
(3) to further empower union members and make labor
organizations institutions by which workers truly govern
themselves.
SEC. 3. INFORMATION.
(a) In General.--Section 105 (29 U.S.C. 415) is amended by adding
at the end the following: ``A labor organization shall provide such
information--
``(1) to each new member within 90 days after the member
has joined the labor organization; and
``(2) periodically to all members in a manner which the
Secretary of Labor determines will promote a fuller
understanding of the member's rights and judicial remedies
under this Act.''.
(b) Enforcement.--Section 102 (29 U.S.C. 412) is amended--
(1) by striking ``Any person'' and inserting ``(a) Except
as provided in subsection (b), any person''; and
(2) by adding at the end the following:
``(b) Upon the written complaint of any member of a labor
organization alleging that such organization has violated section 105,
the Secretary shall investigate the complaint and if the Secretary
finds probable cause to believe that such violation has occurred and
has not been remedied, the Secretary shall, without disclosing the
identity of the complainant, bring a civil action in any district court
of the United States having jurisdiction of the labor organization for
such relief (including injunctions) as may be appropriate.''.
SEC. 4. TRUSTEESHIPS.
(a) Purposes of Establishment of Trusteeship.--Section 302 (29
U.S.C. 462) is amended--
(1) by inserting ``(a)'' before ``Trusteeships''; and
(2) by adding at the end the following:
``(b)(1) Except as provided in paragraph (2), a trusteeship may be
authorized only after a fair hearing either before the executive board
or such other body as may be provided by the constitution and bylaws of
the labor organization and only if, in such hearing, the labor
organization establishes by the preponderance of evidence that the
trusteeship is necessary for a purpose allowable under this section.
``(2) Where immediate action is necessary to fulfill the purposes
of this section, a temporary trusteeship may be established, for not
more than 30 days, pending a hearing under paragraph (1).''.
(b) Enforcement.--Section 304(c) (29 U.S.C. 464(c)) is amended to
read as follows: ``Eighteen months after the authorization of a
trusteeship, such trusteeship shall be presumed invalid in any
proceeding pursuant to this section and its discontinuance shall be
decreed unless the labor organization shall show by clear and
convincing proof that the continuation of the trusteeship is necessary
for a purpose allowable under section 302. In the latter event the
court may dismiss the complaint or retain jurisdiction of the cause on
such conditions and for such period as it deems appropriate.''
(c) Dissolution of Trusteeship.--Section 304 (29 U.S.C. 464) is
amended by adding at the end the following:
``(d) Upon dissolution of a trusteeship, the previously elected
officers of the local union shall be reinstated or a new election
promptly held in conformity with title IV. If the trusteeship is
dissolved by order of a court pursuant to this title, and the court
orders an election, such election shall be conducted under the
supervision of the court.''.
SEC. 5. ELECTIONS
(a) Membership Lists.--Section 401(c) (29 U.S.C. 481(c)) is amended
by striking ``to inspect a list'' and inserting ``to inspect and, upon
request, to be provided with a copy of a list''
(b) District Council Officers.--Section 401(d) (29 U.S.C. 481(d))
is amended to read as follows:
``(d) Officers of intermediate bodies, such as general committees,
system boards, joint boards or joint councils who engage in
negotiation, administration or enforcement of collective agreements, or
exercise control over the finances or other major functions of local
unions, shall be elected not less often than once every 4 years by
secret ballot among members in good standing. Officers of other
intermediate bodies may be elected by representatives of such members
who have been elected by secret ballot.''.
(c) Qualifications.--Section 401(e) (29 U.S.C. 481(e)) is amended
by striking ``and to reasonable qualifications uniformly imposed'' and
by inserting after ``eligible to be a candidate'' the following:
``(subject to reasonable qualifications which do not exclude a majority
of the members and which are uniformly imposed)''.
(d) Overturning.--Section 402(c)(2) (29 U.S.C. 482(c)(2)) is
amended by striking ``affected the outcome of an election'' and
inserting ``substantially understated or overstated the support of one
of the candidates for office to the point that the democratic purposes
of the election were undermined''.
SEC. 6. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Labor shall review and revise all regulations
promulgated before such date to implement the amendments made in this
Act to the Labor-Management Reporting and Disclosure Act of 1959.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Sponsor introductory remarks on measure. (CR E1333-1334)
Referred to the Subcommittee on Employer-Employee Relations.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line