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105TH CONGRESS

2D SESSION H. R. 4770

To amend the Labor-Management Reporting and Disclosure Act of 1959.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 9, 1998

Mr. FAWELL introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To amend the Labor-Management Reporting and Disclosure

Act of 1959.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON4 TENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Democratic Rights for Union Members Act of 1998’’.

7 (b) REFERENCES.—Whenever in this Act an amend8 ment is expressed in terms of an amendment to, or repeal

9 of, a section or other provision, the reference shall be con10 sidered to be made to that section or other provision of
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1 the Labor-Management Reporting and Disclosure Act of

2 1959 (29 U.S.C. 401 et seq.).

3 SEC. 2. FINDINGS.

4 The Congress finds the following:

5 (1) Authoritarian control of unions is contrary

6 to the spirit, traditions, and principles that should

7 guide the labor movement.

8 (2) Union officers should recognize that unions

9 belong to rank-and-file members and strive to re10 spond to their wishes on issues of policymaking and

11 decisionmaking.

12 (3) The labor movement derives its strength

13 from democracy and unions lacking true democracy

14 at the intermediate and local level cannot serve in

15 full measure their economic, social, and political

16 function in a democratic society.

17 SEC. 3. PURPOSES.

18 The purposes of this Act are—

19 (1) to strengthen the Labor-Management Re20 porting and Disclosure Act of 1959 to protect and

21 promote democratic processes and democratic rights

22 of union members.

23 (2) to ensure that labor organizations exist to

24 express the will of the members; and
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1 (3) to further empower union members and

2 make labor organizations tools by which workers

3 truly govern themselves, rather than associations by

4 which a few leaders empower themselves.

5 SEC. 4. TRUSTEESHIPS.

6 (a) PURPOSES OF ESTABLISHMENT OF TRUSTEE7 SHIP.—Section 302 (29 U.S.C. 462) is amended by adding

8 at the end the following new sentence: ‘‘A trusteeship may

9 be authorized only after a fair hearing either before the

10 executive board or such other body as may be provided

11 by the constitution and bylaws of the labor organization.’’

12 (b) ENFORCEMENT.—Section 304(c) (29 U.S.C.

13 464(c)) is amended to read as follows: ‘‘Eighteen months

14 after the authorization of a trusteeship, such trusteeship

15 shall be presumed invalid in any proceeding pursuant to

16 this section and its discontinuance shall be decreed unless

17 the labor organization shall show by clear and convincing

18 proof that the continuation of the trusteeship is necessary

19 for a purpose allowable under section 302. In the latter

20 event the court may dismiss the complaint or retain juris21 diction of the cause on such conditions and for such period

22 as it deems appropriate.’’

23 (c) DISSOLUTION OF TRUSTEESHIP.—Section 304

24 (29 U.S.C. 464) is amended by adding at the end the fol25 lowing:
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1 ‘‘(d) Upon dissolution of a trusteeship, the previously

2 elected officers of the local union shall be reinstated or

3 a new election promptly held in conformity with title IV.

4 If the trusteeship is dissolved by order of a court pursuant

5 to this title, and the court orders an election, such election

6 shall be conducted under the supervision of the court.’’.

7 SEC. 5. ELECTION OF DISTRICT COUNCIL OFFICERS.

8 Section 401(d) (29 U.S.C. 481(d)) is amended to

9 read as follows:

10 ‘‘(d) Officers of intermediate bodies, such as general

11 committees, system boards, joint boards or joint councils

12 who engage in negotiation, administration or enforcement

13 of collective agreements, or exercise control over the fi14 nances or other major functions of local unions, shall be

15 elected not less often than once every 4 years by secret

16 ballot among members in good standing. Officers of other

17 intermediate bodies may be elected by representatives of

18 such members who have been elected by secret ballot.’’.

19 SEC. 6. REGULATIONS.

20 Not later than 6 months after the date of the enact21 ment of this Act, the Secretary of Labor shall review and

22 revise all regulations promulgated before such date to im23 plement the amendments made in this Act to the Labor24 Management Reporting and Disclosure Act of 1959.
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1 SEC. 7. EFFECTIVE DATE.

2 The amendments made by this Act shall take effect

3 180 days after the date of the enactment of this Act.

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