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member who has been encouraged, financed or joined by an interested employer in any such action, proceeding, appearance or petition. (For text of Sec. 101 (a) (4) see page 178; for legislative history, see Senators' and Representatives' comments, pages 76-80.)

Fifth, every union member is protected from fine, suspension, expulsion, or other union disciplinary action, except for non-payment of dues unless the member has been

-served with written specific charges

-given a reasonable time to prepare his defense

-afforded a full and fair hearing.

(For text of Sec. 101(a)(5) see page 178; for legislative history, see Senators' remarks, page 80, and excerpt from House Conference Report, page 80.)

How Is the Bill of Rights Enforced?

Any union member whose rights, protected by the Bill of Rights, are violated may bring an appropriate action in a State court or in a district court of the United States for damages, for an injunction or for any other appropriate relief. If the action is brought against a union, suit must be filed where the violation occured or where the principal office of the union is located. (For text of Sec. 102 see page 178; for legislative history, see Senator Morse's remarks, page 81.)

How Can an Employee Obtain a Copy of Collective
Bargaining Agreements?

Any employee, whether a member of a union or not, is entitled to receive
from the union, upon request, a copy of any collective bargaining agree-
ment which affects him directly as an employee. (For text of Sec. 104
see page 178; for legislative history, see exchange between Senators Mc-
Clellan and Kennedy, page 81.)

What Reports Can a Union Member Get from His Union?

There are several types of information that certain unions must furnish their members. First, every union covered by the new law must inform its members "concerning the provisions" of the Landrum-Griffin Act. (For text for Sec. 105 see page 179.) Second, every union required to make a report to the Secretary of Labor under the provisions of Title II or Title III of the Landrum-Griffin Act (See Chapter VI this volume),

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must make available to all of its members the information required to be contained in such report. Moreover, any member of such union "for just cause" may examine any union books, records, and accounts necessary to verify the report. This latter right is enforceable by the union member in a civil action brought against the union in a federal district court. The court in any such action may require the union to pay the member's attorney's fee as well as court costs. (For text of Sections 201(c) and 301(b) see pages 180 and 186.)

How Can a Union Member Obtain Relief from an
Improper Trusteeship?

When a union member believes that his union is violating or has violated the provisions of Title III of the Landrum-Griffin Act (except Section 301), which Title imposes restrictions on union trusteeships, he may take one of two courses of action. First, he may make a written complaint to the Secretary of Labor who must then conduct an investigation and if he finds a violation has occurred and it is unremedied, the Secretary must, without disclosing the identity of the complaining member, bring a civil action in a federal district court for an injunction or any other appropriate relief.

Second, the union member may himself bring a civil action in a federal district court to halt the violation, recover damages, or to obtain such other relief as may be appropriate. (For text of Sec. 304(a) see page 187; for legislative history, see Senator Morse's remarks, page 103.)

What Are the Union Member Rights in Union Elections? In addition to the equal right to nominate candidates and vote in any union election, which right is guaranteed in the Bill of Rights discussed above, union members have other rights provided in Title IV, the Elections Title, of the Landrum-Griffin Act.

First, every member of a union in good standing is eligible to be a candidate and hold office. This right is subject to the restrictions of Section 504 of the Landrum-Griffin Act that prevents certain persons from holding union office. It is also subject to reasonable qualifications uniformly imposed by the union.

Second, every member can vote for or otherwise support the candidate or candidates of his choice without interference from the union or any of its members.

Third, every member must be notified by mail at his last known home address at least 15 days prior to the-election that it is to take place:

Fourth, each member is entitled to one vote.

Fifth, a member whose dues are checked off by his employer cannot be denied a vote because the employer has delayed or defaulted in turning over the dues to the union. (For text of Sec. 401(e) that contains these five rights see page 189.)

Sixth, a member of a local union may apply to the Secretary of Labor for the removal of an elected officer guilty of serious misconduct. The Secretary must then hold a hearing in accordance with the Administrative Procedure Act and if he finds the union constitution and bylaws fail to provide an adequate procedure for the removal of such officer, he may order a recall election. (For text of Sections 401 (h) and 401(i) see pages 189 and 190; for legislative history, see House Conference Report excerpt, page 111.)

Seventh, a union member may challenge the validity of a union election by filing a complaint with the Secretary of Labor within one month after exhausting internal union procedures, or within one month after having unsuccessfully pursued the internal union procedures for three months. (For text of Sec. 402 see page 190; for legislative history see excerpt from Senate Committee Report No. 187, page 112, and Senator Goldwater's statement, page 112.) Existing remedies under State laws to enforce a union's constitution and bylaws respecting elections are specifically preserved by the Landrum-Griffin Act, as long as they are invoked before the election has been conducted. After the election, the challenge must be made through the Secretary of Labor. (For text of Sec. 403 see page 191; for legislative history, see excerpt from Senate Committee Report No. 187, page 113.)

Can a Union Member Enforce a Union Officer's Fiduciary Responsibilities?

Any member of a union may request the union to enforce by suit for damages, or for an accounting, the fiduciary responsibilities of any of the union officers. If the union fails to do so within a reasonable time, the union member may file suit on behalf of the union against the defaulting officer, agent, shop steward or representative in a federal district court or any state court to recover damages, secure an accounting or obtain other appropriate relief. The union member must first obtain permission from the court to file his suit. The court in any such action may require the defaulting officer to pay the union member's attorney's fees or other necessary expenses. (For text of Sec. 501 (b) see page

How Are Union Members' Rights Protected?

191.) Any union member who is fined, suspended, expelled or otherwise disciplined by his union for exercising the rights granted to him under the Landrum-Griffin Act may sue the union for damages or bring a civil action in a federal district court for an injunction or other appropriate relief. (For text of Sec. 609 see page 198.)

Moreover, any person who uses force or violence, or the threat of force or violence to interfere with the exercise by any union member of any rights granted him by the Landrum-Griffin Act is guilty of a crime punishable by not more than a $1000 fine or imprisonment for not more than one year, or both. (For text of Sec. 610 see page 198; for legislative history, see statements of several Representatives and Senator Morse on pages 129-132.)

VI

UNIONS AND THE LAW

What Unions Are Covered by the Landrum-Griffin Act? Two separate groups of labor organizations are defined as "labor organizations" under the terms of the Landrum-Griffin Act. Those sections of the new law that amend the Taft-Hartley Act-all of Title VII and Section 505-apply to "labor organizations" as defined in the TaftHartley Act. All other sections of the new law apply a new and much broader definition of labor organization. (For text of Sections 3 (i) and 3(j) see pages 175 and 176; for legislative history, see excerpt from House Conference Report, page 70, and Senator Goldwater's statement, page 70.) For example, railway and agricultural unions are included in the new definition but are not "labor organizations" under the TaftHartley Act. It should be noted that organizations of government employees are not "labor organizations" under the new law.

Are Unions Required to Have Constitutions and By-Laws? Every labor organization is required to adopt a constitution and by-laws and file a copy with the Secretary of Labor, together with a report signed by its president and secretary or corresponding principal officers. (For text of Sec. 201(a) see page 179.)

What Must the Report to the Secretary of Labor on Union Administrative Affairs Contain?

Within 90 days after becoming subject to the Landrum-Griffin Act, every union must make an initial report to the Secretary of Labor containing the following information:

(1) The name and mailing address of the union, and any other address at which it maintains its principal office or at which its records are kept; (2) The name and title of each of its officers;

(3) The initiation fee or fees required from a new or transferred member and fees for work permits;

(4) The regular dues or fees or other periodic payments required to remain a member;

(5) Detailed statements showing the provision made and procedures followed with respect to each of the following: (a) qualifications for

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