1. What is the Labor-Management Reporting and Disclosure Act (LMRDA)?

The LMRDA is a Federal statute that regulates certain aspects of internal union affairs. Labor organizations comprised wholly or in part of private sector or U.S. Postal Service employees are covered by the Act. The LMRDA includes a Bill of Rights for union members that guarantees union members rights such as the right to participate in union meetings and vote in union elections. The Act also contains reporting provisions that require unions to disclose information about their structure and financial condition, sets forth guidelines for conducting union officer elections, and provides safeguards for protecting labor organization funds and assets. The Department of Labor's regulations that implement the LMRDA are found in the Code of Federal Regulations at 29 CFR Parts 401-459.

2. Who enforces the LMRDA?

The Secretary of Labor has delegated to the Office of Labor-Management Standards (OLMS) the authority to enforce certain provisions of the LMRDA. However, some provisions of the LMRDA such as the Bill of Rights and the fiduciary standards for union officers can only be enforced by union members through a private suit in Federal district court.

3. What are the standards of conduct provisions of the Civil Service Reform Act (CSRA)?

Section 7120 of Title VII of the CSRA sets forth the standards of conduct for Federal sector labor organizations. The Department of Labor's regulations that implement the standards of conduct provisions are found in the Code of Federal Regulations at 29 CFR Parts 457-459. The regulations establish standards of conduct for Federal unions similar to provisions under the LMRDA. For example, the standards of conduct regulations include a Bill of Rights for Federal sector union members. The regulations also incorporate the LMRDA reporting and election provisions. When administering the standards of conduct regulations for Federal sector unions, OLMS is guided by LMRDA policies and principles. Unlike the LMRDA, the CSRA standards of conduct regulations are enforced entirely through various administrative actions depending upon the violation. This generally involves the filing of a complaint by an OLMS District Director, a hearing before a Department of Labor administrative law judge, the judge's report and recommendations, and a decision and order by the Assistant Secretary for Employment Standards.

4. I belong to a union that is comprised solely of state employees. Does the LMRDA or CSRA cover my union?

A union that represents only employees of state, county, or municipal governments is not subject to the LMRDA or the CSRA except that any "conference, general committee, joint or system board, or joint council" that is subordinate to an LMRDA-covered national or international labor organization is itself a labor organization under the LMRDA.

5. What rights are guaranteed to me as a union member under the Bill of Rights for members of labor organizations?

Title I of the LMRDA contains the Bill of Rights for members of labor organizations. The Bill of Rights guarantees union members equal rights to nominate candidates for union office, to vote in union elections or referendums, and to attend union meetings and participate in the deliberations and voting upon the business of such meetings. Under the Bill of Rights union members are also guaranteed freedom of speech and assembly, and the right to meet and assemble freely with other members, to express views, arguments or opinions, and to express at union meetings their views on candidates for union elections or upon any business properly before the meeting--subject to each organization's established and reasonable rules regarding the conduct of the meetings. Additionally, the Bill of Rights guarantees members a voice in setting the union's rates of dues, fees, and assessments. Members are also assured other basic rights including protection of the right to sue, safeguards against improper disciplinary action from the union, the right to view copies of collective bargaining agreements, and the right to be informed of the LMRDA. The standards of conduct regulations also provide a Bill of Rights for Federal sector unions similar to that provided under the LMRDA.

6. I believe my union has violated the Bill of Rights. What can I do?

It depends on whether your union is made up 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. The Secretary of Labor does not have the authority to enforce the Bill of Rights under the LMRDA, except section 104, which guarantees each union member the right to view his collective bargaining agreement. Other provisions of the Bill of Rights are enforceable only by private action of a union member in United States district court as provided under section 102 of the LMRDA. Therefore, you should contact a private attorney for advice. The full text of the LMRDA is available on the OLMS web site.

If you are a member of a Federal sector union and believe your union has violated the Bill of Rights under the standards of conduct regulations, you may file a complaint with the nearest OLMS field office. As previously mentioned, the standards of conduct regulations are enforced through administrative action.