Union Transparency and Accountability Act
This bill amends the Labor-Management Reporting and Disclosure Act of 1959 to (1) require labor organizations to file certain disclosure forms detailing expenditures of union dues, (2) impose civil fines on labor organizations that fail to file required disclosures, and (3) make it unlawful for any labor organization to discharge or discriminate against any employee who has filed a whistle-blower complaint or who is testifying in a disclosure proceeding.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1129 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1129
To ensure labor organization transparency and accountability.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2019
Mr. Rooney of Florida introduced the following bill; which was referred
to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To ensure labor organization transparency and accountability.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Union Transparency and
Accountability Act''.
SEC. 2. DISCLOSURE REQUIREMENTS.
Section 208 of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 438) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) The
Secretary''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a) and for each fiscal year, a
labor organization that would be required to file form LM-2 under part
403 of title 29, Code of Federal Regulations, under section 201(a) (as
such part was in effect on October 12, 2009) shall be required to
annually file with the Secretary--
``(1) form LM-2, as published in the appendix to the final
rule issued by the Secretary of Labor entitled `Labor
Organization Annual Financial Reports' (74 Fed. Reg. 3678
(January 21, 2009)); or
``(2) a successor form that includes all of the information
required in such form LM-2 (as such form was published on
January 21, 2009).
``(c) Notwithstanding subsection (a) and for each fiscal year, a
labor organization that would be required to file form T-1 under part
403 of title 29, Code of Federal Regulations (as such part was in
effect on November 30, 2010) shall file with the Secretary, as the
report concerning trusts in which a labor organization is interested--
``(1) form T-1, as published in the appendix to the final
rule issued by the Secretary entitled `Labor Organization
Annual Financial Reports for Trusts in Which a Labor
Organization Is Interested, Form T-1' (73 Fed. Reg. 57412
(October 2, 2008)); or
``(2) a successor form that includes all of the information
required in such form T-1 (as such form was published on
October 2, 2008).
``(d) Notwithstanding subsection (a) and for each fiscal year, an
officer or employee of a labor organization who would be required to
file form LM-30 under part 404 of title 29, Code of Federal Regulations
(as such part was in effect on October 25, 2011) shall be required to
file with the Secretary--
``(1) form LM-30, as published in the appendix to the final
rule issued by the Secretary entitled `Labor Organization
Officer and Employee Report, Form LM-30' (72 Fed. Reg. 36106
(July 2, 2007)); or
``(2) a successor form that includes all of the information
required in such form LM-30 (as such form was published on July
2, 2007).''.
SEC. 3. CIVIL FINES RELATING TO DISCLOSURE VIOLATIONS.
(a) Civil Fines for Failure To Provide Information to Members.--
Section 201 of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 431) is amended--
(1) by redesignating subsection (c) as subsection (c)(1);
and
(2) by inserting after such subsection (c)(1) the
following:
``(2) Any labor organization that fails to meet the requirements of
paragraph (1) with respect to a member, by refusing to make available
the information required to be contained in a report required to be
submitted under this title, and any books, records, and accounts
necessary to verify such report (unless such failure or refusal results
from matters reasonably beyond the control of the labor organization),
may in the court's discretion, and in addition to any other relief
provided by law and determined proper by the court, be liable to such
member for an amount that is not more than $250 a day from the date of
such failure or refusal (except that such amount shall be adjusted for
inflation in the same manner as the Secretary adjusts the amount of a
civil fine under section 211(c)). For purposes of this paragraph, each
violation with respect to any single member shall be treated as a
separate violation.''.
(b) Civil Enforcement for Failure To File a Timely Report.--Section
210 of the Labor-Management Reporting and Disclosure Act of 1959 (29
U.S.C. 440) is amended to read as follows:
``SEC. 210. CIVIL ENFORCEMENT.
``(a) In General.--Whenever it shall appear that any person has
violated or is about to violate any of the provisions of this title, or
section 301(a), the Secretary may bring a civil action for such relief,
including an injunction or the enforcement of a civil fine imposed
under section 211, as may be appropriate. Any such action may be
brought in the district court of the United States where the violation
occurred or in the United States District Court for the District of
Columbia.
``(b) Judicial Review for Enforcement of Civil Fines.--
``(1) Standard of review.--Upon a complaint filed by the
Secretary seeking the enforcement of a civil fine, the
appropriate district court shall impose the civil fine that has
been determined to be appropriate by the Secretary--
``(A) if the person, labor organization, or
employer against whom the civil fine is sought has been
provided written notice and an opportunity to be heard
before the Secretary or a designee of such Secretary,
in accordance with procedures established by the
Secretary under section 211(g)(1); and
``(B) unless the Secretary's determination is shown
to be arbitrary and capricious.
``(2) Scope of review.--The appropriate court shall not
consider any objection or argument that was not raised in the
proceedings before the Secretary.
``(c) Appropriateness of Injunctive Relief.--Upon a complaint filed
by the Secretary seeking relief under this section demonstrating that a
person, labor organization, or employer has failed to file timely and
complete reports required by this title or section 301(a), or has filed
reports that are substantially incomplete or inaccurate, or that
information required to be reported may be lost or destroyed absent
such relief, the district court shall issue an order enjoining
continued violation of this title or section 301(a). Injunctive relief
may be awarded in addition to any other additional civil or criminal
remedy and whether or not the Secretary seeks enforcement of a civil
fine.''.
(c) Authority To Impose Civil Fines.--Title II of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431 et seq.)
is amended--
(1) by redesignating section 211 as section 212; and
(2) by inserting after section 210 the following:
``SEC. 211. CIVIL FINES.
``(a) Notice; Correction Period.--Upon finding a violation of
subsection (a) or (b) of section 201 or section 202, 203, 207, 212, or
301(a), the Secretary shall, in accordance with standards and
procedures established by the Secretary under subsection (g), provide
the person, labor organization, or employer responsible for such
violation--
``(1) written notice of the violation; and
``(2) a period of time to correct the violation that is not
more than 30 days after the date that the Secretary provides
such written notice.
``(b) Fines Assessed.--Subject to the other provisions of this
section, if the Secretary determines that a person, labor organization,
or employer has violated subsection (a) or (b) of section 201 or
section 202, 203, 207, 212, or 301(a) and has not corrected the
violation within the period described in subsection (a)(2), the
Secretary may assess a civil fine against the person, labor
organization, or employer responsible for such violation.
``(c) Amount of Civil Fine.--
``(1) Maximum amount.--A civil fine under this section
shall be for an amount that is not more than $250 a day from
the date of the violation, and not more than $45,000 in the
aggregate, except that such amounts shall be adjusted in
accordance with the inflation adjustment procedures prescribed
in the Federal Civil Penalties Inflation Adjustment Act of 1990
(28 U.S.C. 2461 note; Public Law 101-410).
``(2) Factors in determining amount.--In determining the
amount of a civil fine under this section, the Secretary may
consider--
``(A) the gravity of the offense;
``(B) any history of prior offenses (including
offenses occurring before the date of enactment of this
section) of the person, labor organization, or employer
responsible for such violation;
``(C) the ability of such person, labor
organization, or employer to pay the civil fine without
material impairment of the ability to carry out
representational functions or honor other financial
obligations;
``(D) any injury to uninvolved members of the labor
organization or to the public;
``(E) any benefits to such person, labor
organization, or employer resulting from such
violation;
``(F) the ability of the civil fine to deter future
such violations; and
``(G) any other factors that the Secretary may
determine to be appropriate to further the purposes of
this Act.
``(d) Limitation.--A person, labor organization, or employer shall
not be required to pay a civil fine under this section for a violation
of subsection (a) or (b) of section 201 or section 202, 203, 207, 212,
or 301(a) for which a material cause was reasonably beyond the control
of such person, labor organization, or employer.
``(e) Incomplete Reports.--A report rejected by the Secretary as
incomplete shall be considered not filed for purposes of determining
the existence of a violation of subsection (a) or (b) of section 201 or
section 202, 203, 207, 212, or 301(a), and a civil fine may be assessed
for such violation.
``(f) Effect on Criminal Sanctions.--The imposition of a civil fine
under this section shall not affect the availability of criminal
sanctions against any person, labor organization, or employer who
knowingly or willfully violates a provision of this Act.
``(g) Standards and Procedures.--
``(1) In general.--The Secretary shall establish, pursuant
to sections 208 and 606, standards and procedures governing the
imposition of a civil fine under this section that include
providing the person, labor organization, or employer
responsible for an alleged violation of subsection (a) or (b)
of section 201 or section 202, 203, 207, 212, or 301(a) with--
``(A) written notice of such violation; and
``(B) an opportunity for a hearing before the
Secretary or a designee of such Secretary.
``(2) Judicial review.--
``(A) In general.--After exhausting all
administrative remedies established by the Secretary
under paragraph (1), a person, labor organization, or
employer against whom the Secretary has imposed a civil
fine under this section may obtain a review of such
fine in the United States District Court where the
violation occurred or in the United States District
Court for the District of Columbia, by filing in such
court, within 30 days of the entry of a final order
imposing the civil fine, a written petition that the
Secretary's order or determination be modified or be
set aside in whole or in part.
``(B) Standard of review.--Upon petition for review
of a civil fine under this section, the appropriate
district court shall impose the civil fine determined
to be appropriate by the Secretary--
``(i) if the person, labor organization, or
employer against whom the civil fine is sought
has been provided written notice and an
opportunity to be heard, in accordance with the
procedures established by the Secretary under
paragraph (1); and
``(ii) unless the Secretary's determination
is shown to be arbitrary and capricious.
``(C) Scope of review.--In reviewing a civil fine
under this section, the appropriate district court
shall not consider any objection or argument that was
not raised in the proceedings before the Secretary.
``(h) Settlement by Secretary.--The Secretary may compromise,
modify, or remit any civil fine that may be, or has been, imposed under
this section.''.
(d) Technical and Conforming Amendments.--The Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.) is further
amended--
(1) in section 205 (29 U.S.C. 435), by striking ``211''
each place it appears and inserting ``212'';
(2) in section 207(b) (29 U.S.C. 437(b)), by striking
``211'' each place it appears and inserting ``212''; and
(3) in section 301(b) (29 U.S.C. 461(b)), by striking ``and
210'' and inserting ``210, and 211''.
SEC. 4. WHISTLEBLOWER PROTECTIONS FOR LABOR ORGANIZATION EMPLOYEES.
Title II of the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 431 et seq.) is amended by inserting after section 211
the following:
``SEC. 211A. WHISTLEBLOWER PROTECTION FOR LABOR ORGANIZATION EMPLOYEES.
``(a) Whistleblower Protection.--It shall be unlawful for any labor
organization to discharge or in any other manner discriminate against
any employee because such employee has filed any complaint or
instituted or caused to be instituted any proceeding under or related
to this Act, or has testified or is about to testify in any such
proceeding.
``(b) Enforcement and Remedies.--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 the appropriate district court
of the United States for such relief as may be appropriate, including
an injunction. A civil action under this subsection against a labor
organization shall be brought in the district court of the United
States for the district where the alleged violation occurred or where
the principal office of such labor organization is located.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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