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The Labor-Management Reporting and Disclosure Act (LMRDA) controls some factors of internal union affairs by ensuring rights to union members and imposing responsibilities on union officers. The Act establishes guidelines for union officer elections, and it provides safeguards for protecting funds and assets by requiring unions to disclose their structure and financial condition. The LMRDA may suggest corrective action to employees whose rights have been directly affected by agreements with the union. Below are a few questions that have been answered regarding LMRDA: The president of a private company denied displaying the by-laws of the local contract to the union members. What is the procedure to legally procure the by-laws?
LMRDA is a federal statute that governs the internal union affairs. As per section 104 of the Act, if a union member or an employee has negotiated with the local labor organization and there is a collective bargaining agreement to substantiate this; then this employee or union member has the right to get a copy of this agreement. One may get in touch with the Office of Labor-Management Standards’ (OLMS) field office if there has been a breach of rights under section 104. A fraudulent scheme eroded $25 million from the pension plan of a company. Therefore, the retirement age of the employees has been extended. Is it possible for the pension money to be safeguarded through the fiduciary responsibilities of a union?
As per the LMRDA, if the union members are predominantly private sector employees; then such a union has specific fiduciary duties relating to disclosure of assets and financial management of a union. Here, non-performance may lead to a lawsuit. In a scenario such as the above, one may file a federal lawsuit (as per LMRDA) for damages. Based on the number of employees who are affected; a class action law suit may also be filed. If the union is not assisting an employee to change the seniority date; who should the employee go to?
Every union member or employee has the right to get a copy of the collective bargaining agreement and to file a civil suit. Based on one’s review of the agreement, if one feels that the seniority was not calculated correctly, then this person may compel the union to comply with the written agreement. One may obtain additional information regarding the Union Member's Bill of Rights by reviewing the DoL website. What is the time frame within which the employee may sue an employer and the union as per the LMRDA and Fair Labor Standards Act (FLSA)? Can the same charge be used to sue the employer and the union?
Under the LMRDA any claim should be filed in 6 months (180 days). However, one has up to two years from the date of violation in case the claim is pertaining to back pay or unpaid wages. The U.S. Department of Labor (DoL) governs both LMRDA and FLSA and a claim may be filed with the DoL. If one has undergone damages due to breach of any of these federal statutes; a suit may be filed in the Federal Court. In order to save time and expenses; few of them may file a claim against the employer and the union at the same time. However, it is not needed. The court may decide to combine both the claims if one sues separately. To protect the interests and rights of the union members, LMRDA has several provisions including the steps to remove a union officer if he/she is guilty of misconduct. The OLMS governs and enforces provisions of the LMRDA to avoid corrupt practices by labor unions and violations of the Act. It also assists unions to better their organizational and administrative effectiveness. To know more about LMRDA laws, ask an employment lawyer for answers to your questions.
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lmrda, labor-management reporting and disclosure act, lmrda bill of rights,
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