(a)(1) Equal rights. Every member of a labor organization shall have
equal rights and privileges within such organization to nominate
candidates, to vote in elections or referendums of the labor
organization, to attend membership meetings and to participate in the
deliberations and voting upon the business of such meetings, subject to
reasonable rules and regulations in such organization's constitution and
bylaws.
(2) Freedom of speech and assembly. Every member of any labor
organization shall have the right to meet and assemble freely with other
members; and to express any views, arguments or opinions; and to express
at meetings of the labor organization his views upon candidates in an
election of the labor organization or upon any business properly before
the meeting, subject to the organization's established and reasonable
rules pertaining to the conduct of meetings: Provided, That nothing
herein shall be construed to impair the right of a labor organization to
adopt and enforce reasonable rules as to the responsibility of every
member toward the organization as an institution and to his refraining
from conduct that would interfere with its performance of its legal or
contractual obligations.
(3) Dues, initiation fees, and assessments. Except in the case of a
federation of national or international labor organizations, the rates
of dues and initiation fees payable by members of any labor organization
in effect on the date this section is published shall not be increased,
and no general or special assessment shall be levied upon such members,
except:
(i) In the case of a local organization, (A) by majority vote by
secret ballot of the members in good standing voting at a general or
special membership meeting, after reasonable notice of the intention to
vote upon such question, or (B) by majority vote of the members in good
standing voting in a membership referendum conducted by secret ballot;
or
(ii) In the case of a labor organization, other than a local labor
organization or a federation of national or international labor
organizations, (A) by majority vote of the delegates voting at a regular
convention, or at a special convention of such labor organization held
upon not less than 30 days written notice to the principal office of
each local or constituent labor organization entitled to such notice, or
(B) by majority vote of the members in good standing of such labor
organization voting in a membership referendum conducted by secret
ballot, or (C) by majority vote of the members of the executive board or
similar governing body of such labor organization, pursuant to express
authority contained in the constitution and bylaws of such labor
organization: Provided, That such action on the part of the executive
board or similar governing body shall be effective only until the next
regular convention of such labor organization.
(4) Protection of the right to sue. No labor organization shall
limit the right of any member thereof to institute an action in any
court, or in a proceeding before any administrative agency, irrespective
of whether or not the labor organization or its officers are named as
defendants or respondents in such action or proceedings, or the right of
any member of a labor organization to appear as a witness in any
judicial, administrative, or legislative proceeding, or to petition any
legislature or to communicate with any legislator: Provided, That any
such member may be required to exhaust reasonable hearing procedures
(but not to exceed a 4-month lapse of time) within such organization,
before instituting legal or administrative proceedings against such
organizations or any officer thereof.
(5) Safeguards against improper disciplinary action. No member of
any labor organization may be fined, suspended, expelled, or otherwise
disciplined, except for nonpayment of dues by such organization or by
any officer thereof unless such member has been (i) served with written
specific charges; (ii) given a reasonable time to prepare his defense;
(iii) afforded a full and fair hearing.
(b) Any provision of the constitution and bylaws of any labor
organization
which is inconsistent with the provisions of this section shall not be a
defense to any proceeding instituted against the labor organization
under this part or under the CSRA or FSA.
(c) Nothing contained in this section shall limit the rights and
remedies of any member of a labor organization under any State or
Federal law or before any court or other tribunal, or under the
constitution and bylaws of any labor organization.
(d) It shall be the duty of the secretary or corresponding principal
officer of each labor organization, in the case of a local labor
organization, to forward a copy of each agreement made by such labor
organization with an agency, Department or activity to any employee who
requests such a copy and whose rights as such employee are directly
affected by such agreement, and in the case of a labor organization
other than a local labor organization, to forward a copy of any such
agreement to each constituent unit which has members directly affected
by such agreement; and such officer shall maintain at the principal
office of the labor organization of which he is an officer, copies of
any such agreement made or received by such labor organization, which
copies shall be available for inspection by any member or by any
employee whose rights are affected by such agreement. An employee's
rights under this paragraph shall be enforceable in the same manner as
the rights of a member.
[45 FR 15158, Mar. 7, 1980. Redesignated and amended at 50 FR 31311,
31312, Aug. 1, 1985]
