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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.
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 1998’’.
(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.
The Congress finds the following:
(1) Authoritarian control of unions is contrary
to the spirit, traditions, and principles that should
guide the labor movement.
(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) The labor movement derives its strength
from democracy and unions lacking true democracy
at the intermediate and local level cannot serve in
full measure their economic, social, and political
function in a democratic society.
SEC. 3. PURPOSES.
The purposes of 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 tools by which workers
truly govern themselves, rather than associations by
which a few leaders empower themselves.
SEC. 4. TRUSTEESHIPS.
(a) PURPOSES OF ESTABLISHMENT OF TRUSTEE-
SHIP.—Section 302 (29 U.S.C. 462) is amended by adding
at the end the following new sentence: ‘‘A trusteeship 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 organization.’’
(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
shall be presumed invalid in any proceeding pursuant to
this section and its discontinuance shall be decreed unless
the labor organization shall show by clear and convincing
proof that the continuation of the trusteeship is necessary
for a purpose allowable under section 302. In the latter
event the court may dismiss the complaint or retain juris-
diction of the cause on such conditions and for such period
as it deems appropriate.’’
(c) DISSOLUTION OF TRUSTEESHIP.—Section 304
(29 U.S.C. 464) is amended by adding at the end the fol-
lowing:
‘‘(d) Upon dissolution of a trusteeship, the previously
elected officers of the local union shall be reinstated or
a new election promptly held in conformity with title IV.
If the trusteeship is dissolved by order of a court pursuant
to this title, and the court orders an election, such election
shall be conducted under the supervision of the court.’’.
SEC. 5. ELECTION OF DISTRICT COUNCIL OFFICERS.
Section 401(d) (29 U.S.C. 481(d)) is amended to
read as follows:
‘‘(d) Officers of intermediate bodies, such as general
committees, system boards, joint boards or joint councils
who engage in negotiation, administration or enforcement
of collective agreements, or exercise control over the fi-
nances or other major functions of local unions, shall be
elected not less often than once every 4 years by secret
ballot among members in good standing. Officers of other
intermediate bodies may be elected by representatives of
such members who have been elected by secret ballot.’’.
SEC. 6. REGULATIONS.
Not later than 6 months after the date of the enact-
ment of this Act, the Secretary of Labor shall review and
revise all regulations promulgated before such date to im-
plement the amendments made in this Act to the Labor-
Management Reporting and Disclosure Act of 1959.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect
180 days after the date of the enactment of this Act.
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