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Union Member Rights & Officer Responsibilities



The Labor-Management Reporting and Disclosure Act (LMRDA) and the Civil Service Reform Act of 1978 (CSRA), among other statutes, guarantee certain rights to members of unions representing private and federal labor employees and impose certain responsibilities on officers of these unions to ensure union democracy, financial integrity, and transparency.  What follows is a summary of your rights under these statutes.  You should also refer to the UAN’s Constitution for additional information on your rights as UAN members.

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 the Office of Labor and Management Standards (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.

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 Rights - A union or any of its officials may not fine, expel, or otherwise discipline a member for exercising any LMRDA or 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 LMRDA or 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.  Union officers or employees who embezzle or steal union funds or other assets commit a federal crime punishable by a fine and/or imprisonment.

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 (Form LM-2/3/4) with OLMS.
  • retain the records necessary to verify the reports for at least five years.

Officer Reports - Union officers and employees must file reports concerning any loans and benefits received from, or certain financial interests in, employers whose employees their unions represent and businesses that deal with their unions.

Officer Elections - Unions must:

  • hold elections of officers of local unions by secret ballot at least every three years for local officers and every five years for national officers.
  • 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.

Fines - A union may not pay the fine of any officer or employee convicted of any willful violation of the LMRDA.

The above is only a summary of your rights under the LMRDA and the CSRA.  The full text of the LMRDA, Sections 401-531 of Title 29 of the United States Code, and the CSRA may be found in many public libraries, or by writing the US Department of Labor, Office of Labor Management Standards, 200 Constitution Ave., NW, Room N-5616, Washington, D.C.  20210 or on the internet at www.dol.gov.

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