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Labor Union Bill of Rights
The Labor Management Reporting and Disclosure Act outlines the rights of union members. SPEEA, IFPTE Local 2001 reprints the following ‘Labor
Union Bill of Rights’ from the act every year as a reminder of your rights under federal law.
Bill of Rights
(29 U.S.C. 411) SEC. 101. (a)( 1) Equal
rights - Every member of a labor organization
shall have equal rights and privileges within
such organization to nominate candidates, to
vote in elections or referendums of the labor
organization, to attend membership meetings
and to participate in the deliberations and voting upon the business of such meetings, subject
to reasonable rules and regulations in such organization’s constitution and bylaws.
( 2) Freedom of speech and assembly – Every
member of any labor organization shall have
the right to meet and assemble freely with other
members; and to express any views, arguments,
or opinions; and to express at meetings of the
labor organization his views, upon candidates
in an election of the labor organization or
upon any business properly before the meeting,
subject to the organization’s established and
reasonable rules pertaining to the conduct of
meeting: Provided, that nothing herein shall be
construed to impair the right of a labor organization to adopt and enforce reasonable rules as
to the responsibility of every member toward
the organization as an institution and to his
refraining from conduct that would interfere
with its performance of its legal or contractual
obligations.
( 3) Dues, initiation fees and assessments –
Except in the case of a federation of national or
international labor organizations, the rates of
dues and initiation fees payable by members of
any labor organization in effect on the date of
enactment of this Act shall not be increased, and
no general or special assessment shall be levied
upon such members, except:
(A) In the case of a local organization, (i)
by majority vote by secret ballot of the
members in good standing voting at a
general or special membership meeting, after reasonable notice of the intention to vote upon such question, or
(ii) by majority vote of the members in
good standing voting in a membership
referendum conducted by secret ballot;
or
(B) In the case of a labor organization, oth-
er than a local labor organization or a
federation of national or international
labor organizations, (i) by majority
vote of the delegates voting at a regular
convention, or at a special convention
of such labor organization held upon
not less than thirty days’ written notice
to the principal office of each local or
constituent labor organization entitled
to such notice, or (ii) by majority vote
of the members in good standing of
such labor organization voting in a
membership referendum conducted by
secret ballot, or (iii) by majority vote
of the members of the executive board
or similar governing body of such la-
bor organization, pursuant to express
authority contained in the constitution
and bylaws of such labor organization;
Provided, that such action on the part
of the executive board or similar gov-
erning body shall be effective only un-
til the next regular convention of such
labor organization.
( 4) Protection of the right to sue – No labor
organization shall limit the right of any member thereof to institute an action in any court,
or in a proceeding before any administrative
agency, irrespective of whether or not the labor
organization or its officers are named as defendants or respondents in such action or proceeding, or the right of any member of a labor organization to speak as a witness in any judicial,
administrative, or legislative proceeding, or to
petition any legislature or to communicate with
any legislator: Provided, that any such member
may be required to exhaust reasonable hearing
procedures (but not to exceed a four-month
lapse of time) within such organization, before
instituting legal or administrative proceedings
against such organizations or any officer thereof: And provided further, that no interested employer or employer association shall directly or
indirectly finance, encourage, or participate in,
except as a party, any such action, proceeding,
appearance, or petition.
( 5) Safeguards against improper disciplinary
action - No member of any labor organization
may be fined, suspended, expelled, or otherwise
disciplined except for non-payment of dues by such
organization or by any officer thereof unless such
member has been (A) served with written specific
charges; (B) given a reasonable time to prepare his
defense; (C) afforded a full and fair hearing.
Any provision of the constitution and bylaws
of any labor organization which is inconsistent
with the provisions of this section shall be of no
force or effect.
(29 U.S.C. 412) SEC. 102. 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 a district court of the
United States for such relief (including injunctions) as may be appropriate. Any such action
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.
Retention of existing rights
(29 U.S.C. 413) SEC. 103. Nothing contained
in this title shall limit the rights and remedies of
any member of a labor organization under any
state or federal law or before any court or other
tribunal, or under the constitution and bylaws
of any labor organization.
Right to copies of collective
bargaining agreements
(29 U.S.C. 414) SEC. 104. It shall be the duty of
the secretary or corresponding principal officer
of each labor organization, in the case of a local
labor organization to forward a copy of each
collective bargaining agreement made by such
labor organization with any employer to any
employee who requests such a copy and whose
rights as such employee are directly affected
by such agreement, and in the case of a labor
organization other than a local labor organization to forward a copy of any such agreement
to each constituent unit which has members
directly affected by such agreement; and such
officer shall maintain at the principal office of
the labor organization of which he is an officer
copies of any such agreement made or received
by such labor organization, which copies shall
be available for inspection by any member or by
any employee whose rights are affected by such
agreement. The provision of section 210 shall
be applicable in the enforcement of this section.
(29 U.S.C. 415) SEC. 105. Every labor organization shall inform its members concerning the
provisions of this Act.
You have a right to
union representation
Weingarten Rights apply to all inves- tigations. Whether face-to-face, by telephone or email, if you are asked
questions of an investigatory nature (related
to you or a co-worker), immediately request
a SPEEA Council Representative be present
before answering any questions.
A good response for any request is:
“I am respectfully invoking my Weingarten
Rights and request to have my Council
Representative present prior to answering any
of your questions. Please let me know how you
want to proceed.”
The meeting can be postponed temporarily to
ensure a Council Rep is available.
