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FAQs About Union Members' Rights
7. My local union refuses to let me view my collective bargaining agreement. What can I do?
Under section 104 of the LMRDA a local labor organization must provide, upon request, a copy of any collective bargaining agreement that it has negotiated to any member and to any employee whose rights as an employee are directly affected by the agreement. If the parent body negotiates a collective bargaining agreement, the parent union is required to send a copy of the agreement to any local who has members directly affected by the agreement. The Secretary of Labor does have the authority to enforce section 104 by bringing suit in Federal district court if warranted. Any union member who believes his labor organization has violated section 104 may contact the OLMS field office in whose jurisdiction the union is located for assistance. A union member may also enforce his rights under section 104 by private suit in a Federal district court as provided under section 102 of the LMRDA.
8. Can I get a copy of my collective bargaining agreement from OLMS?
No. Labor organizations are not required to file copies of their collective bargaining agreements with OLMS. However, the Department of Labor's Bureau of Labor Statistics (BLS) maintains a "collective bargaining agreements file" for public use, which contains approximately 2,100 collective bargaining agreements from the public and private sectors. For more information about the BLS collective bargaining agreements file, including the procedures for obtaining agreements, go to the BLS web site. Otherwise you must obtain them from your union.
[Editor's note: As of May 2007, the authority for maintaining the Department of Labor's collective bargaining agreements file has been transferred to the Employment Standards Administration (ESA) and is now available here.]
9. What are the LMRDA and CSRA reporting requirements?
In general, every union covered by the LMRDA or CSRA must adopt a constitution and bylaws and file two copies with OLMS along with an initial Labor Organization Information Report, Form LM-1, that provides certain information regarding the organization's structure, practice, and procedures. Additionally, each covered union is required to file an annual financial report, which discloses the organization's financial condition for the preceding year. There are also reports that must be filed by union officers and employees, employers, and labor relations consultants that engage in certain activities to persuade employees about their union activities as well as surety companies that issue bonds required under the LMRDA. Unions comprised solely of state and local government employees are not subject to these reporting requirements. For more information about the LMRDA and CSRA reporting requirements see Reports Required.
10. Is there software available to assist unions in meeting the LMRDA reporting requirements?
Yes. OLMS has developed software for completing the labor organization annual financial reporting forms. Information regarding how to obtain the software may be found on the OLMS web site.
11. What type of financial information does a union disclose in its annual financial report filed with OLMS?
Under the LMRDA and CSRA a labor organization is required to file an annual report with OLMS that discloses the union's financial condition for the preceding year. If a union's annual receipts are $200,000 or more, or the labor organization is under trusteeship, it must file a Form LM-2. Those unions with receipts less than $200,000, which are not in trusteeship, may file a Form LM-3. Labor organizations with total annual receipts less than $10,000, which are not in trusteeship, may file a short Form LM-4. These annual financial reports, which are due 90 days after the end of the reporting union's fiscal year, contain information concerning the union's assets, liabilities, receipts, and disbursements.
For more information about the LMRDA and CSRA reporting requirements see Reports Required.
12. How can I get a copy of a report that has been filed with OLMS?
Reports and related documents that have been filed with OLMS in accordance with the reporting provisions of the LMRDA or CSRA are public information. Any person may examine reports and related documents, including union constitutions and bylaws, free of charge at the OLMS public disclosure room in Washington, DC. Also, the OLMS field offices have reports for organizations and individuals within each office's geographic jurisdiction.
You may purchase copies of the reports for 15 cents per page. Submit requests for reports in person, by mail, by telephone, or by fax.
Individuals may now examine reports free of charge via the Internet at the OLMS Public Disclosure Website. From this website you can search and access key informational and financial data from union annual reports filed for year 2000 and after.
You may order online copies of LM-1 union information reports; LM-2, LM-3, and LM-4 union annual reports; and union constitutions/bylaws from this site. Reports cost 15 cents a page; requests for 30 or fewer pages are provided free of charge.
For more information on examining or obtaining LM reports
see Public Disclosure Under the LMRDA.
Source: U.S. Department of Labor
FAQs
- If a worker votes against the union in the election and the union wins, does the union represent that worker?
- What kinds of employees are covered by the National Labor Relations Act (NLRA)?
- What does the duty to represent the workers fairly entail?
- What other types of restrictions does the National Labor Relations Act (NLRA) place on employer conduct?
- How does a union represent a group of workers?
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