union democracyls12 l3_s13

Union Democracy

Essence of UnionismEssence of Unionism2

Driving Force for establishing common Driving Force for establishing common purposepurpose

Builds community of committed membersBuilds community of committed membersIt is the keystone that protects the It is the keystone that protects the

foundation of the Labor Unionfoundation of the Labor UnionRemove Democracy and it destroys the Remove Democracy and it destroys the

spirit of the membership thus destroying spirit of the membership thus destroying the strength of the unionthe strength of the union

Purpose of Union DemocracyPurpose of Union Democracy

Promote participation in union activitiesPromote participation in union activities

Promote fair electionsPromote fair elections

Promote communication-free speechPromote communication-free speech

Promote transparencyPromote transparency

Union DemocracyUnion Democracy4

Process that keeps union leaders responsive Process that keeps union leaders responsive to the majority of membersto the majority of members

Protects the rights of the minorityProtects the rights of the minority

Recognizes the importance of the individualRecognizes the importance of the individual

Governance my persuasion – not by Governance my persuasion – not by commandcommand

LMRDALMRDA5

Labor-Management Reporting and Labor-Management Reporting and Disclosure Act (1959) Disclosure Act (1959)

Protects the democratic rights of union Protects the democratic rights of union members.members.

Includes Includes ““Bill of RightsBill of Rights””Creates democratic rights and practicesCreates democratic rights and practices

Bill of RightsBill of Rights

Equal rights and privilegesEqual rights and privilegesFreedom of speech and assemblyFreedom of speech and assemblyRight to secret ballot voteRight to secret ballot voteRight to sue the unionRight to sue the unionProtection from improper disciplineProtection from improper disciplineRight to receive copy of the contractRight to receive copy of the contract

Equal Rights and PrivilegesEqual Rights and Privileges

Nominate candidatesNominate candidatesVote in elections or referendumsVote in elections or referendumsAttend union meetingsAttend union meetingsParticipate in union meetingsParticipate in union meetingsVote on union business at meetingsVote on union business at meetingsSubject to reason rules in union Subject to reason rules in union

constitution/bylawsconstitution/bylaws

Freedom of SpeechFreedom of Speech

Right to criticize union officialsRight to criticize union officialsRight to express viewpoint at union Right to express viewpoint at union

meetingmeetingRight to distribute literature outside the Right to distribute literature outside the

union meetingunion meetingRight to hold separate meetings without Right to hold separate meetings without

interferenceinterference

Right to Secret BallotRight to Secret Ballot

Right to vote on duesRight to vote on dues

Right to vote on initiation feesRight to vote on initiation fees

Right to vote on assessmentsRight to vote on assessments

Union Discipline ProtectionUnion Discipline Protection

The right to specific, written chargesThe right to specific, written chargesThe right to confront and cross-examine The right to confront and cross-examine

accusersaccusersRequires adequate time to prepare Requires adequate time to prepare

defensedefenseRight to a fair and full hearingRight to a fair and full hearingDecision is based only on evidenceDecision is based only on evidence

Examples of Discipline CausesExamples of Discipline Causes

Participating in wildcat strikesParticipating in wildcat strikesAdvocating decertificationAdvocating decertificationNon-payment of duesNon-payment of duesCrossing a picket lineCrossing a picket lineInterfere with unionInterfere with union’’s legal/contractual s legal/contractual

obligationsobligations

Union Officer ResponsibilitiesUnion Officer Responsibilities

Manage funds, and property, solely for Manage funds, and property, solely for benefit of union and its membersbenefit of union and its members

Officers that embezzle or Officers that embezzle or stealsteal union assets union assets commit a Federal crimecommit a Federal crime

Must be bondable if assets exceed $5000Must be bondable if assets exceed $5000File Forms (LM 2/3/4) annually File Forms (LM 2/3/4) annually File reports concerning loans and benefits File reports concerning loans and benefits

LMRDA - ReportingLMRDA - Reporting13

File with Department of LaborFile with Department of LaborConstitution and bylawsConstitution and bylawsFinancial Reports on (LM forms)Financial Reports on (LM forms)Report includes assets, liabilities, Report includes assets, liabilities,

receipts, receipts, Also includes officer and staff salaries, Also includes officer and staff salaries,

loansloansLM reports available to the publicLM reports available to the public

Officer ElectionOfficer Election

Hold elections at least every 3 yearsHold elections at least every 3 yearsElections conducted per Elections conducted per

constitution/bylawsconstitution/bylawsPreserve records minimum 1 yearPreserve records minimum 1 yearMail election notice – 15 days in advanceMail election notice – 15 days in advanceProhibited from using union funds to Prohibited from using union funds to

campaigncampaignPermit observers and inspection of vote Permit observers and inspection of vote

listlist

Restrictions Restrictions

Crime conviction - prohibited holding Crime conviction - prohibited holding office 13 years office 13 years

Outstanding loan may not exceed $2000Outstanding loan may not exceed $2000

Union may not pay fines for LMRDA Union may not pay fines for LMRDA violationsviolations

ConclusionConclusion