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The standards of conduct provisions of the Civil Service Reform Act of
1978 (CSRA), among other statutes, guarantee certain rights to members of
unions representing Federal employees and impose certain responsibilities
on officers of these unions to ensure union democracy, financial integrity,
and transparency. The Office of Labor-Management Standards (OLMS) is the
Federal agency with primary authority to enforce many standards of conduct
provisions. If you need additional information or suspect a violation of
these rights or responsibilities, please contact OLMS at 1-866-4-USA-DOL.
You should also refer to 29 CFR 457.1 - 459.5, and your union's constitution
and bylaws for information on union procedures, timelines, and remedies.
Union Member Rights
Bill of Rights- Union members have:
- equal rights to participate in union activities
- freedom of speech and assembly
- voice in setting rates of dues, fees, and assessments
- protection of the right to sue
- safeguards against improper discipline
Collective Bargaining Agreements - Union members (and
certain nonunion employees) have the right to receive or inspect copies
of collective bargaining agreements.
Constitutions, Bylaws, and Reports - Unions are required
to file an initial information report (Form LM-1), copies of constitutions
and bylaws, and an annual financial report (Form LM-2/3/4) with OLMS. Unions
must make these documents available to members and permit members to examine
the records necessary to verify the financial reports for just cause. The
documents are public information and copies of reports are available from
OLMS and on the Internet at www.union-reports.dol.gov.
Officer Elections - Union members have the right to:
- nominate candidates for office
- run for office
- cast a secret ballot
- protest the conduct of an election
Officer Removal - Local union members have the right to an adequate
procedure for the removal of an elected officer guilty of serious misconduct.
Trusteeships - A union may not be placed in trusteeship by a parent
body except for those reasons specified in the standards of conduct regulations.
Protection for Exercising CSRA Rights - A union or any of its officials
may not fine, expel, or otherwise discipline a member for exercising any CSRA right.
Prohibition Against Violence - No one may use or threaten to use
force or violence to interfere with a union member in the exercise of his or her CSRA
rights.
Union Officer Responsibilities
Financial Safeguards - Union officers have a duty to manage the funds
and property of the union solely for the benefit of the union and its members in accordance
with the union's constitution and bylaws. The union must provide accounting and financial
controls necessary to assure fiscal integrity.
Prohibition of Conflicts of Interest - A union officer or employee
may not (1) have any monetary or personal interest or (2) engage in any business or financial
transaction that would conflict with his or her fiduciary obligation to the union.
Bonding - Union officers or employees who handle union funds or
property must be bonded to provide protection against losses if their union has property and
annual financial receipts that exceed $5,000.
Labor Organization Reports - Union officers must:
- file an initial information report (Form LM-1) and annual financial reports
(Forms LM 2/3/4) with OLMS.
- retain the records necessary to verify the reports for at least five years.
Officer Elections - Unions must:
- hold elections of officers of local unions by secret ballot at least every three years.
- conduct regular elections in accordance with their constitution and bylaws and
preserve all records for one year.
- mail a notice of election to every member at least 15 days prior to the election.
- comply with a candidate's request to distribute campaign material.
- not use union funds or resources to promote any candidate (nor may employer funds
or resources be used).
- permit candidates to have election observers.
Restrictions on Holding Office - A person convicted of certain crimes
may not serve as a union officer, employee, or other representative of a union for up
to 13 years.
Loans - A union may not have outstanding loans to any one officer
or employee that in total exceed $2,000 at any time.
Last Updated: 07/27/04
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