13. I believe an officer in my union is misusing union funds. What can I do?

It depends on whether your union is comprised of private sector employees and, therefore, covered by the LMRDA or is a Federal sector union governed by the standards of conduct regulations that implement the CSRA.

Title V of the LMRDA governs the fiduciary duties of officers in unions covered by the Act. Section 501(a) of the Act provides, among other things, that officers must spend union funds in accordance with the organization's constitution and bylaws and any properly adopted resolutions of the union's governing body. However, the Secretary of Labor has no authority to enforce section 501(a), which is only enforceable by private suit by a union member under section 501(b) of the Act.

The Secretary of Labor does have the authority to enforce section 501(c) of the LMRDA, which prohibits the embezzlement of union funds by union officers and employees. If you have evidence that section 501(c) has been violated you should contact the nearest OLMS field office.

The standards of conduct regulations prohibit certain activities by officers or agents of a Federal sector union that would conflict with their fiduciary obligation to the organization. Any member who believes activities prohibited under the standards of conduct regulations have occurred may file a complaint with the nearest OLMS field office setting forth specific allegations.

14. What are the guidelines for conducting union officer elections?

Title IV of the LMRDA sets forth minimum requirements for conducting union officer elections for all labor organizations covered by the Act, regardless of whether their constitution and bylaws contain the same requirements. The election provisions under Title IV apply to national and international unions, intermediate bodies such as joint councils, and local unions. The provisions do not apply to State and local central bodies.

The LMRDA election provisions require, among other things, that officers of national and international unions and intermediate bodies be elected by secret ballot among the members in good standing or by delegates chosen by secret ballot and that local union officers be elected by secret ballot among the members in good standing. Additionally, the LMRDA election provisions state that national and international unions must hold officer elections at least every five years, intermediate bodies at least every four years, and local unions at least every three years. The LMRDA election requirements also grant every union member in good standing the right to be a candidate subject to reasonable rules uniformly applied and the right to nominate and vote for the candidates of their choice.

The standards of conduct regulations, which govern Federal sector unions, incorporate the election provisions contained in Title IV of the LMRDA.

For a more detailed discussion regarding union officer election requirements under the LMRDA and CSRA
see Conducting Local Union Officer Elections: A Guide for Election Officials.

15. I do not believe my union has been conducting its union officer elections properly. What can I do?

Any member who believes his union has violated the LMRDA election requirements may file an election complaint with OLMS. However, before filing, the member must exhaust internal union remedies.

The Department of Labor cannot, under law, accept any complaint unless it is filed within one month after the member has completed the process of internal appeal available within the union or has invoked that process for three calendar months without receiving a final answer. It is important for a member to follow the time frames and other rules specified by their labor organization for internal union protests. The Secretary then has the authority to investigate and commence a civil action if there is probable cause to believe that a violation occurred which may have affected the outcome of the election and that it has not been remedied. For additional information
see Union Officer Elections - A Complainant's Guide.

Members of Federal sector unions may also file an election complaint with the nearest OLMS field office provided, as under the LMRDA, internal union remedies have been exhausted. However, as previously mentioned, unlike the LMRDA, the standards of conduct regulations will ultimately be enforced through administrative action.

16. I do not believe my union has represented me adequately. Can I file a complaint with your office regarding the matter?

No. OLMS does not have the authority to address concerns regarding a union's failure to provide adequate representation. You should contact the National Labor Relations Board (NLRB) concerning the matter. The NLRB is a separate Federal agency that administers certain provisions of the National Labor Relations Act (NLRA) which, among other things, prescribes rules and procedures regarding unfair labor practices and labor-management relations in the private sector. The Secretary of Labor has no authority to intervene in NLRB matters. You can obtain additional information regarding the NLRB and the laws that Agency administers as well as a list of NLRB field offices on the NLRB official web site.