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or obstruct commerce or tend to burden or obstruct commerce or the free flow of commerce.
(2) The term "strike" includes any strike or other concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective-bargaining agreement) and any
a concerted slow-down or other concerted interruption of operations by employees. (3) The terms "commerce," "labor disputes," "employer," "employee," "labor organization,” “representative," "person," and "supervisor” shall have the same meaning as when used in the National Labor Relations Act as amended by this Act.
Sec. 502. Nothing in this Act shall be construed to require an in
employee to render labor or service without his consent, nor shall anything in this Act be construed to make the quitting of his labor by an individual employee an illegal act; nor shall any court issue any process to compel the performance by an individual employee of such labor or service, without his consent; nor shall the quitting of labor by an employee or employees in good faith because of abnormally dangerous conditions for work at the place of employment of such employee or employees be deemed a strike under this Act.
Sec. 503. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or çircumstances other than those as to which it is held invalid, shall not
be affected thereby.
LABOR-MANAGEMENT REPORTING AND DIS
CLOSURE ACT (LANDRUM-GRIFFIN ACT) Pub. L. No. 86–257, 86th Cong., 2d Sess., 1959, 73 Stat. 519, as amended;
29 U.S.C. $$ 401-531; F.C.A. 29 SS 401-531
Summary and Description This law is based upon congressional finding of a need "to eliminate or prevent improper practices on the part of labor organizations, employers, labor relations consultants, and their officers and representatives which distort and defeat the policies of the Labor Management Relations Act, 1947, as amended, and the Railway Labor Act, as amended."
The act is made up of seven titles, in addition to definitions, findings, and a statement of policy.
Title I is called the Bill of Rights of Members of Labor Organizations and sets forth certain basic rights which Congress believed should be guaranteed to members by Federal law. Members may enforce these rights by bringing suits in Federal district courts.
Titles II through VI deal primarily with the following: Reporting by labor organizations, by officers and employees of labor organizations, by employers, and by labor relations consultants; prevention of abuses in union trusteeships; standards for union elections; safeguards for labor organizations; and (in Title VI) certain miscellaneous provisions. The Secretary of Labor has varying administrative and enforcement responsibilities under these titles. In addition, Titles II through VI contain a number of criminal provisions which involve enforcement responsibilities of the U.S. Department of Justice.
Title VII and section 505 contain amendments to the Labor Management Relations Act, 1947, which involve matters administered by the National Labor Relations Board, an independent agency not part of the Department of Labor.
Where Government participation is provided for in Titles II through VI of the law, dealing with the administration of reporting requirements, regulation of union trusteeships and elections, and certain miscellaneous provisions, this function is performed generally by the Secretary of Labor. The Secretary exercises his authority through the Office of Labor-Management and Welfare-Pension Reports, headed by a Director. The Office is under the general direction and control of the Labor-Management Services Administrator.
Some of the provisions of the law depend for enforcement upon civil actions brought by the union members themselves: others upon criminal prosecution, or upon civil action brought by the Secretary of Labor. The Secretary has direct authority to investigate violations except of Title I (except section 104) and of the provisions amending other statutes.
Since the act authorizes the Secretary of Labor to make investigations of violations of Title II through Title VI (except for section 505), complaints involving noncompliance with those provisions should be brought to the attention of the U.S. Department of Labor. Complaints of violations of the Title I rights, except for the right to obtain copies of collective bargaining agreements, must be enforced by civil suits brought by the affected union members themselves. Complaints of violations of Title VII, which contains amendments to the National Labor Relations Act, should be made to the National Labor Relations Board. Complaints of violation of section 505 should be made to the local U.S. attorney.
The first six titles of this act generally have broader coverage than the National Labor Relations Act. All labor organizations engaged in an industry affecting commerce (except those comprised solely of employees of Federal, State, and local governments or their subdivisions) are subject to these titles without regard to size. This includes conferences, committees, boards, or councils subordinate to national or international unions, and both railroad and airline unions. Unlike the National Labor Relations Act, the definition of "employee" includes railroad workers, certain agricultural workers, supervisors, and specifically, persons whose work has ceased because of a current labor dispute, of any unfair labor practice, or of exclusion or expulsion from a labor organization in any manner or for any reason inconsistent with the requirements of the act. Similarly, employers subject to the Railway Labor Act, and therefore not covered by the National Labor Relations Act, are subject to the pertinent provisions of the Labor-Management Reporting and Disclosure Act of 1959. Certain provisions of the act apply to labor relations consultants and others who receive compensation for advising or representing an employer or union in relation to organizing, bargaining, or other concerted activities.
UNION MEMBER RIGHTS (TITLE I)
Title I of the law establishes for union members a Federal “Bill of Rights,” which includes the following:
1. Equal rights to attend, participate in, and vote at meetings and elections, subject to reasonable union rules;
2. Freedom to meet and assemble with other members, to express any arguments or opinions, and to voice views upon candidates and business properly before a meeting. This freedom is subject to reasonable union rules pertaining to the conduct of union meetings and does not impair the right of a labor organization to assure responsible conduct of its members and responsible discharge of the organization's legal and contractual obligations;
3. Protection from increases in union dues or the imposition of assessments except where specified procedures are followed: i.e., in local unions by secret ballot of the membership either at a membership meeting or by means of a referendum; in national unions and intermediate bodies by majority vote of delegates at a convention, by secret ballot by members in a referendum, or, where authorized, by vote of the executive board or similar governing body;
4. Protection of the right to testify, to communicate with legislators, and to bring suit after using reasonable organizational remedies, for appropriate relief when unions infringe the rights of members;
5. The right to notice and a fair hearing before any disciplinary actions, except discipline for nonpayment of dues.
6. The right to obtain or inspect copies of collective bargaining agreements (this right extends to all employees affected by the agreement) and to be informed by the unions of the rights granted by this law. The right to obtain bargaining agreements is enforced by the Secretary of Labor as well as by the individual whose
rights have been infringed; and Existing rights under Federal and State laws are preserved for union members. Any person whose rights secured by Title I have been violated may bring an action for appropriate relief (including injunctions) in a U.S. district court.
REPORTING REQUIREMENT (TITLE II) Union reports
Title II requires each labor organization to adopt a constitution and bylaws, and to file a copy of these documents with the Secretary of Labor along with an organizational report. The labor organization must also submit annually to the Secretary a report covering its preceding fiscal year.
The law requires the inclusion of the following information in the initial organization report (Form LM-1, the "Labor Organization Information Report"):
1. Name of the organization, its mail address and any other address at which the organization maintains its principal oflice or keeps its records.
2. List of officers showing their names and their titles.
3. Initiation fees required, as well as fees charged to transferred members, and fees for work permits required by the organization.
4. Regular dues or other periodic payments required of members.
5. These specific details on the procedures of the organization and provisions made in its constitution and bylaws:
(a) What the qualifications and restrictions for membership are.
(b) How assessments are levied.
(c) What the provisions and procedures are for participation in insurance and other benefit plans.
(d) How the disbursement of union funds is authorized.
(e) What provisions and procedures the organization has for the audit of financial transactions.
(f) How regular and special meetings are called.
(g) How officers, stewards, executive board members, and any delegates to other bodies composed of labor organization representatives are selected.
(h) What method is used to discipline or remove officers or agents for breach of trust.