I
106TH CONGRESS
2D SESSION
H. R. 4963
To amend the Labor-Management Reporting and Disclosure Act of 1959.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2000
Mr. BOEHNER 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON-
TENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Democratic Rights for Union Members Act of 2000’’.
(b) REFERENCES.—Whenever in this Act an amend-
ment is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be con-
sidered to be made to that section or other provision of
the Labor-Management Reporting and Disclosure Act of
1959 (29 U.S.C. 401 et seq.).
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The labor movement derives its strength
from democracy and unions lacking true democracy
cannot serve in full measure their economic, social,
and political function in a democratic society.
(2) Union officers should recognize that unions
belong to rank-and-file members and strive to re-
spond to their wishes on issues of policymaking and
decisionmaking.
(3) Authoritarian control of unions is contrary
to the spirit, traditions, and principles that should
guide the labor movement.
(b) PURPOSES.—The purposes of the amendments
made by this Act are—
(1) to strengthen the Labor-Management Re-
porting and Disclosure Act of 1959 to protect and
promote democratic processes and democratic rights
of union members;
(2) to ensure that labor organizations exist to
express the will of the members; and
(3) to further empower union members and
make labor organizations institutions by which work-
ers truly govern themselves.
SEC. 3. INFORMATION.
(a) IN GENERAL.—Section 105 (29 U.S.C. 415) is
amended by adding at the end the following: ‘‘A labor or-
ganization shall provide such information—
‘‘(1) to each new member within 90 days after
the member has joined the labor organization; and
‘‘(2) periodically to all members in a manner
which the Secretary of Labor determines will pro-
mote a fuller understanding of the member’s rights
and judicial remedies under this Act.’’.
(b) ENFORCEMENT.—Section 102 (29 U.S.C. 412) is
amended—
(1) by striking ‘‘Any person’’ and inserting ‘‘(a)
Except as provided in subsection (b), any person’’;
and
(2) by adding at the end the following:
‘‘(b) Upon the written complaint of any member of
a labor organization alleging that such organization has
violated section 105, the Secretary shall investigate the
complaint and if the Secretary finds probable cause to be-
lieve that such violation has occurred and has not been
remedied, the Secretary shall, without disclosing the iden-
tity of the complainant, bring a civil action in any district
court of the United States having jurisdiction of the labor
organization for such relief (including injunctions) as may
be appropriate.’’.
SEC. 4. TRUSTEESHIPS.
(a) PURPOSES OF ESTABLISHMENT OF TRUSTEE-
SHIP.—Section 302 (29 U.S.C. 462) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Trusteeships’’;
and
(2) by adding at the end the following:
‘‘(b)(1) Except as provided in paragraph (2), a trust-
eeship may be authorized only after a fair hearing either
before the executive board or such other body as may be
provided by the constitution and bylaws of the labor orga-
nization and only if, in such hearing, the labor organiza-
tion establishes by the preponderance of evidence that the
trusteeship is necessary for a purpose allowable under this
section.
‘‘(2) Where immediate action is necessary to fulfill
the purposes of this section, a temporary trusteeship may
be established, for not more than 30 days, pending a hear-
ing under paragraph (1).’’.
(b) ENFORCEMENT.—Section 304(c) (29 U.S.C.
464(c)) is amended to read as follows: ‘‘Eighteen months
after the authorization of a trusteeship, such trusteeship