Finally, on July 28, 1958, the Senate-passed bill was referred to the House Committee on Education and Labor. No hearings were held by the Committee on the bill.

On August 18, 1958, the Kennedy-Ives bill was brought before the House of Representatives under a suspension of the rules procedure that prevented any amendment of the bill and limited debate to forty minutes. A two-thirds majority was needed to pass the bill under the suspension rule but a roll call vote resulted in a defeat of the measure 198 to 190. Forty-one members failed to vote.

The 1959 Congress Renews Consideration

After the 1958 national elections, the new 86th Congress convened in January, 1959, and was immediately barraged by a series of "labor reform" bills.

Once again the Senate took the lead and on January 28, 1959, began hearings before its Subcommittee on Labor of the Committee on Labor and Public Welfare. Three bills received the most attention from the Subcommittee: S. 505 by Senators Kennedy, Ervin (D-N.C.) and ten other Senators; S. 748 by Senator Goldwater (R-Ariz.), the Administration bill; and S. 1137 by Senator McClellan (D-Ark.).

Following public hearings, the Subcommittee reported the entire problem to the full Committee which in turn drafted a clean bill in executive session and reported it on March 25, 1959 to the Senate as S. 1555. This bill was a modified version of the Kennedy-Ervin Bill, S. 505, which in itself was a modified version of the 1958 KennedyIves Bill, S 3974.

S. 1555 was amended on the Senate floor in a number of respects. Most of these amendments were of a minor nature, although language labeled the "bill of rights" for union members was approved. On April 25, 1959, the Senate passed S. 1555 by a vote of 90 to 1 with seven Senators not voting.

In August, 1959 Senator Kennedy stated to the Oregon State AFLCIO convention, ". . . . the reasonable, fair and responsible bill reported by the Senate Labor Committee-worked out carefully with (AFL-CIO) President Meany and his lawyers, and supported by the (AFL-CIO) executive council-was altered, undesirably and unfortunately altered, on the floor of a supposedly friendly Senate".

Meanwhile on March 4, 1959, a House Labor Subcommittee under the joint chairmanship of Congressmen Landrum (D-Ga.) and Perkins (D-Ky.) began hearings on several "labor reform" bills. Chief among

these were H. R. 4473 and H. R. 4474, sponsored by Committee Chairman Barden (D-N.C.), H. R. 3540 by Congressman Kearns (R-Pa.), the Administration's bill, H. R. 3028 by Congressman McGovern (D-S.D.) which was identical to S. 1555.

On June 10, 1959, formal hearings before the House Committee were closed. The Committee then went into executive session to write a clean bill which could be reported to the full House. At that time five major bills were before the Committee: A revised H. R. 4473 (Barden); H. R. 4474 (Barden); S. 1555 (Senate passed Kennedy-Ervin bill); H. R. 7265 (revised Kearns bill); H. R. 7680 (Roosevelt D-Cal.); H. R. 7811 (Teller R-N.Y.)

The House Committee chose S. 1555 around which to shape its bill. After making more than 100 amendments to the Senate-passed bill, the House Committee voted out a clean bill, H. R. 8342, with sponsorship by Congressman Elliott (D-Ala.). Almost immediately, two members of the House Committee on Education and Labor, Congressmen Landrum (D-Ga.) and Griffin (R-Mich.), offered their own identical "labor reform" bills, H. R. 8400 and H. R. 8401.

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Shortly thereafter, on August 3, 1959, Congressman Shelley (D-Cal.) introduced his bill, H. R. 8490.

On August 12, 1959, debate began in the House and on the same day the House voted down the Shelley bill, H. R. 8490. The key vote came on August 13, 1959, when the House voted, 229 to 201, to substitute the Landrum-Griffin bill, H. R. 8400, for the Elliott bill, H. R. 8342.

The following day, August 14, 1959, final passage of the LandrumGriffin bill came on a vote of 303 to 125. The House requested a conference and seven House members were selected for the Conference Committee. The Senate then named seven of its members to serve on the Committee. This group of 14 legislators then worked out the final language of the Landrum-Griffin Act. The Senate adopted the LaborManagement Reporting and Disclosure Act of 1959 on September 3 by a vote of 95-2. The House enacted it, 352-52, on September 5 and it became Public Law No. 86-257, 86th Congress when President Eisenhower signed it on September 14, 1959.

III

SUMMARY OF THE LAW

A BRIEF REVIEW of the provisions of the "Landrum-Griffin Act", follows. The full text of the law will be found beginning on page 174.

Title I—Bill of Rights of Members of Labor Organizations New substantive rights, heretofore unprotected by federal law, are granted union members. These rights are in addition to those granted by any other state or federal law or by union constitutions or by-laws. In other words, these rights are minimum rights enforceable in a civil action for damages or by injunction in the federal courts by the individual union member who is aggrieved. If violence or the threat of violence is employed to interfere with these rights, the Act provides a criminal penalty of not more than a $1000 fine or imprisonment for not more than one year, or both.

The rights of members to nominate candidates, to vote in union proceedings, and to attend and participate in union meetings are protected. Free speech both inside and outside of union gatherings is assured, and the often restricted right of union members to assemble in non-union sponsored groups is guaranteed with some limitations.

Increases in dues or initiation fees are forbidden unless they are democratically approved by the membership. Unions are also prohibited from interfering with the right of a member to sue the union or its officers in the courts, or barring a member from appearing as a witness in such a proceeding, or from petitioning or writing to legislators.

Safeguards against improper disciplinary action by unions against their members are enumerated. The member must first be served with written specific charges, given a chance to prepare his defense, then granted a full and fair hearing.

Other duties imposed by this Title upon unions include the requirement to furnish affected employees with a copy of collective bargaining agreements and to inform members about the provisions of the law.

Title II-Reporting by Labor Organizations, Officers, and Employees of Labor Organizations, and

Employers

Many of the improper practices engaged in by unions and union officials as disclosed by the McClellan Committee are not specifically prohibited by the law. Instead, reliance is placed upon the disclosure provisions of Title II with the belief that public knowledge of some union practices will tend to bring them more in line with acceptable standards. A major portion of the information required to be reported under the new law was formerly required to be reported under Section 9(f) of the TaftHartley Act. The major differences are that all unions must now report, instead of only those desiring to use the facilities of the National Labor Relations Board, and the reports will now be open to public inspection. Every union regardless of size must adopt a constitution and bylaws and file them with the Secretary of Labor along with a report covering basic information about the union and its practices relating to such matters as qualifications for membership, levying of assessments, selection or removal of officers and authorization for strikes. Detailed financial reports are required of unions as well as from union officials who may be involved in conflict of interest financial dealings with employers of members the union represents or seeks to represent.

Under the law, employers must report most payments to unions or union agents. They also must report undisclosed payments to employees when the purpose is to cause these employees to persuade other employees to exercise or not exercise their collective bargaining rights. Employers must also report on any expenditure during the year when an object is to commit an unfair labor practice by interfering with, restraining, or coercing their employees as to their rights to organize and bargain collectively.

Any agreement whereby a labor relations consultant undertakes to persuade employees regarding their rights to organize and bargain collectively must be reported by the employer. No report need be made concerning the activities of any "regular officer, supervisor, or employee” provided such person is carrying out his ordinary duties. Labor relations consultants, except attorneys who are engaged in a legitimate attorney-client relationship, must file reports concerning any activity designed to persuade employees concerning their organizing or bargaining rights.

The basic documents from which the reports filed by unions, employers or labor consultants are prepared must be retained for five years and made available to the Secretary of Labor for his inspection.

Persons who violate the reporting requirements of this title or who wilfully file false statements face a maximum criminal penalty of a $10,000 fine or one year imprisonment, or both.

Title III-Trusteeships

The Landrum-Griffin Act deals with many of the malpractices uncovered by the McClellan Committee in connection with the use of trusteeships by national or international unions as a device to destroy democratic procedures. The law requires a union that suspends the autonomy of subordinate affiliates to file semi-annual reports with the Secretary of Labor containing information including the date of establishing the trusteeship, the reasons for establishing or continuing the trusteeship, the degree to which members of the subordinate union participate in the selection of delegates to represent them at conventions or in the election of officials of the parent union, and a complete accounting of the subordinate union's financial condition as of the time the trusteeship was assumed.

Trusteeships may only be imposed to correct corruption or financial malpractice, to assure the performance of collective bargaining agreements, to restore democratic procedures or to carry out the legitimate objects of the union.

It is unlawful for the parent union to count the vote of delegates from a trusteed union unless the delegates were elected by secret ballot by all members of the subordinate union. The parent union is also forbidden to transfer the funds of the trusteed union to the parent union except upon dissolution of the subordinate union.

A trusteeship legally imposed is presumed valid for eighteen months and thereafter is presumed invalid unless the parent union can show, by clear and convincing proof, that continuation is necessary.

State laws pertaining to trusteeships are specifically preserved by this Title.

Title IV-Elections

The election machinery of unions is cleaned up materially by this Title with the requirement of secret ballot voting every five years for national union officers, ever four years for intermediate body officials, and every three years for local officers. Notice of the election must be given every member and he must have an equal chance with others to nominate candidates.