Candidates are assured equal treatment in the distribution of campaign literature. Limited access to membership lists by candidates is also provided. Procedures for removal of officers guilty of serious misconduct begins with a petition to the Secretary of Labor. A dishonest election can be set aside either by application of state or federal law, but once the federal jurisdiction is invoked, it is exclusive.

The use of union or employer funds to promote the candidacy of any person in a union election is outlawed; except, union money may be spent "for notices, factual statements of issues not involving candidates, and other expenses necessary for the holding of an election."

Title V-Safeguards for Labor Organizations

This Title is designed to protect rank and file dues-payers from corrupt union officers. The law seeks to accomplish this by four methods. First, a fiduciary duty is imposed upon all union officials. They are held accountable to the union for all funds and property under their control and they must pay over any profits to the union which they personally receive as a result of a transaction involving the union. The embezzlement of union funds is made a federal crime and individual union members are authorized to sue to recover such funds or property.

Second, every union official or employee that handles union funds is required to be bonded. The bond must be an individual bond secured through a broker or from a surety company in which the union has no interest. The bonding requirement not only insures that funds misused will be recovered, but it also will tend to weed out those union officers who are unable to secure bonds.

Third, loans by unions to officers or employees of the union aggregating more than $2,000 are made unlawful. Criminal penalties are provided for violation.

Fourth, persons convicted of certain crimes, including robbery, murder and assault which inflicts grievous bodily injury, or persons who are or who have been members of the Communist party are barred from union office for a period of five years unless certain determinations are made certifying their fitness for union office.

Certain payments by employers to unions or union agents are prohibited or closely regulated by this Title. Section 302 of the Taft-Hartley Act is amended to outlaw payments by employers or employer agents to employees for the purpose of influencing other employees in their rights to organize and bargain collectively. It also deals with the "unloading fee racket" by outlawing any demand of money by a union

or its agent from the operator or the employer of an operator of a truck as a fee for unloading the cargo.

Title VI-Miscellaneous Provisions

In this Title, the Landrum-Griffin Act gives the Secretary of Labor virtually unlimited investigatory power to determine violations of the Act except with respect to Title I, the Bill of Rights. He can grant immunity from prosecution to any witness and thereby compel testimony which otherwise could be avoided by a fifth amendment plea. He can enter any place, inspect all records, and question any person "as he may deem necessary" to his investigation.

Picketing for extortionate purposes is also prohibited and carries a maximum penalty of a $10,000 fine, twenty years imprisonment, or both.

Except where specifically provided to the contrary, state and federal laws dealing with union responsibilities are preserved by this Title.

Title VII-Amendments to the National Labor Management Relations Act, 1947, as Amended

The law makes major changes in the Taft-Hartley Act both as to procedure and substance.

No-Man's Land Erased

The no-man's land of labor law is ended by permitting state courts and labor agencies to handle cases declined by the National Labor Relations Board as too small to affect interstate commerce materially. The area of no-relief resulted from the Supreme Court's preemption doctrine of greater federal authority over local issues.

Supervision of Representation Cases

In an effort to lessen the workload of National Labor Relations Board members, the law grants them authority to delegate the processing of representation cases to Regional Directors. Provision is made for an appeal to the Board, but the Directors' action need not be stayed pending such appeal.

Voting Rights of Economic Strikers

The law also amends the Taft-Hartley Act to permit voting in National Labor Relations Board representation elections by economic

strikers who have been legally replaced by new employees. This would permit ex-employees to vote in elections which question whether the union still represents a majority of the workmen. The voting right, however, is limited to a twelve-month period after the strike begins.

Priority of Case Handling

This Section of the law requires the National Labor Relations Board to give priority to certain unfair labor practice charges filed against employers or unions for discrimination against an employee. This priority is secondary, however, to recognition picketing and boycott cases which have an absolute priority.

Building Trades Unions

An almost complete return to the closed shop in the construction industry seems to be authorized by the Landrum-Griffin Act. Construction unions can require contractors to sign representation agreements without an election and before workmen are hired. This is the pre-hire or closed shop device. Such agreements could contain a compulsory unionism clause requiring all workmen to join the union within seven days or be fired. Other clauses permitted by the law to be inserted in the contract could force a builder to notify the union of job openings, provide that job qualifications be based on minimum training, experience or seniority with a particular employer, a particular industry, or a particular geographical area. Enforced, these provisions could circumvent state right-to-work laws. A contract requiring tradesmen to have a minimum of "approved" apprenticeship training could prevent non-union craftsmen from working.

Secondary Boycotts

The law makes a substantial advance in ending secondary boycotts. Of the major boycott loopholes existing under the Taft-Hartley Act, the following are plugged by the Landrum-Griffin Act: pressure upon employers; the inducement of single or key employees to boycott; and definition problems which permitted boycotts against independent contractors and the involvement of railroad and other employees not covered by the Taft-Hartley Act.

Hot cargo boycotts are stopped except for workers in the clothing industry, and for certain types of agreements between construction contractors and unions.

An innovation in the boycott provisions of the new law specifically permits unions to publicize their demands for a boycott, except by

picketing, as long as the publicity does not interfere with work or pickup and delivery services at the secondary employer's place of business.

Picketing Limitations

For the first time, Congress officially recognized that picketing is more than "free speech". It added a new unfair labor practice to the TaftHartley Act to cope with some of the problems of blackmail picketing. Picketing to force an employer to recognize a union or to force employees to accept a union as their bargaining agent is outlawed when: another union is lawfully recognized; an election has been held within the preceding 12 months; a petition for an election has not been filed within a reasonable time, not to exceed 30 days. When such a petition is filed, the law requires the National Labor Relations Board to "forthwith" direct an election and certify the results.

Two provisos added to the picketing restraints weaken them somewhat. First, a union may picket unless such picketing induces persons employed elsewhere not to work or provide pickup and delivery service to the place picketed. Second, restraining orders to halt blackmail picketing are not allowed if the National Labor Relations Board has issued a complaint charging the picketed employer with domination or interference with the formation or administration of a union.

EMPLOYERS AND THE LAW

THE APPLICATION of the law is not limited to unions and union officials. Employers are directly affected in many of its provisions.

Of major importance are those provisions concerning their relationships with employees and with unions.

Certain employer dealings with employees are outlawed-others must be reported in detail to the Secretary of Labor.

Major Taft-Hartley Act amendments modify the rules heretofore governing employer-union relationships.

This chapter is a detailed analysis of the impact of the law as it affects employers. Where appropriate, reference is made to the legislative history of the Act.

Who Is an Employer?

The Landrum-Griffin Act defines "employer" as any employer or group or association of employers engaged in interstate commerce. It also specifically includes anyone considered as an employer under any federal law. For example, if a person is an employer under the TaftHartley Act, the Railway Labor Act, Walsh-Healey Act, Davis-Bacon Act, or the Fair Labor Standards Act, then he would be considered to be an employer under the Landrum-Griffin Act.

The law also includes as employers those who deal with unions concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, as well as those who directly or indirectly act as an agent of an employer in relation to an employee.

All federal, state or local governments are excluded as employers from the Act, as are wholly owned governmental corporations.

The definition is thus the most comprehensive of any to be found in federal law. (For text of definition, see Sec. 3(e), page 175.)

It should be noted that this definition does not apply to those provisions of the Landrum-Griffin Act which amend the Taft-Hartley Act.