38:
406:
abuses. For instance, a vote on the union constitution would require that each member have the right to see the proposed changes, distribute information in support or opposition thereof, and have their union bound by the result of the election. However, if a ratification vote was not under one of these named clauses, the protections did not apply under the Act, and union officials could act as they saw fit, regardless of the sentiment of general membership.
480:
423:
to block the transfer, and the court upheld the move as legal under the Act. As law professor Alan Hyde put it, "the courts advance democratic bargaining only when assured that such democracy will not disadvantage more fundamental policy interests, such as harmony between employers and 'unions' (read
405:
The Act stressed for union members to be guaranteed, as part of a Bill of Rights, the right to a secret ballot on certain issues facing the union at large. However, in naming certain aspects of union function, such as dues, constitution, bylaws, membership, and not others, the Act opened the door for
414:
Likewise, the Act addressed the issue of collective bargaining but only in externalities such as reporting thereof. It did not address the question of whether such agreements required any consent from the union members or locals. Furthermore, in allowing for trusteeship in such instances, the Act
48:
An act to provide for the reporting and disclosure of certain financial transactions and administrative practices of labor organizations and employers, to prevent abuses in the administration of trusteeships by labor organizations, to provide standards with respect to the election of officers of
384:
Today, nearly two decades after enactment, it is undeniable that the
Landrum–Griffin Act has played a significant role in enabling union members to participate more freely in the affairs of their unions. On the other hand, it cannot be said that union corruption and abuses of union power have
334:. The LMRDA does not, as a general rule, cover public sector employees, who are not covered by either the NLRA or the RLA. The LMRDA likewise does not displace state laws governing unions' relations with their members except to the extent that those state laws would conflict with federal law.
235:, which was enacted in 1935, unions won victories in over 80 percent of elections. But in that first year after passage of the Taft–Hartley Act in 1947, unions won only around 70 percent of the representation elections conducted by the agency.
238:
During the mid-to-late 1950s, the labor movement was under intense
Congressional scrutiny for corruption, racketeering, and other misconduct. Enacted in 1959 after revelations of corruption and undemocratic practices in the
440:. Likewise, in 1980, the Supreme Court affirmed the right of union international offices to negotiate a pension plan in conflict with that supported by the members when union bylaws allowed for approval by international.
180:
893:
385:
disappeared. But such conduct in the union movement is not as common as it was twenty years ago; and, in large measure, that can be credited to the existence of the
Landrum–Griffin Act.
349:
and prohibiting certain types of "hot cargo" agreements, under which an employer agreed to cease doing business with other employers, and empowered the
General Counsel of the
436:
to allow such 'permissive' or 'not mandatory' items from being dealt with by a union employer unilaterally, a right which was upheld by the
Supreme Court as late as 1971 in
452:
used the Act as authority to issue the "Persuader Rule", which required an employer's attorney to publicly disclose advice provided to persuade against unionization. The
251:
and other unions received widespread attention, the Act requires unions to hold secret elections for local union offices on a regular basis and provides for review by the
465:
898:
888:
453:
244:
850:
231:
in 1947, the number of union victories in
National Labor Relations Board (NLRB)-conducted elections declined. During the 12-year administration of the
718:
510:
289:
Union members are protected against abuses by a bill of rights including guarantees of freedom of speech and periodic secret elections of officers.
255:
of union members' claims of improper election activity. Organized labor opposed the act because it strengthened the Taft–Hartley Act of 1947.
240:
296:
and convicted felons were barred from holding union office. The bar on
Communist Party members was ruled unconstitutional in 1965 in the case
883:
498:
150:
137:
903:
394:
283:
252:
908:
547:
868:
118:
110:
350:
582:
415:
allowed for union officials to exert greater control over the will of their members. In one court case on the matter, an
433:
432:
With regard to retiree pensions, among other secondary issues, the Act did nothing to close the loophole created by the
338:
327:
322:
Minimum standards were made before a union could expel or take other disciplinary action against a member of the union.
79:
94:
654:
365:
803:, 'Internal Affairs of Labor Unions under the Labor Reform Act of 1959' (1960) 58(6) Michigan Law Review 819-854
37:
913:
17:
485:
358:
298:
393:. However, Griffin argued that the violations were contrary to the Act, placing the blame instead on the
588:
461:
504:
342:
228:
719:"Judge blocks new 'persuader rule' requiring disclosure of lawyer advice to employers on union issues"
838:
361:
of an employer for more than thirty days without filing a petition for representation with the NLRB.
330:("Wagner Act") and workers and unions in the railroad and airline industries, who are covered by the
195:
842:
819:
E McGaughey, 'Democracy or
Oligarchy? Models of Union Governance in the UK, Germany and US' (2017)
457:
419:
local attempted to leave one union body to affiliate with another. The original union put it under
293:
248:
219:
that regulates labor unions' internal affairs and their officials' relationships with employers.
144:
675:
Katherine Van Wezel Stone, The
Postwar Paradigm in American Labor Law, 93 Yale Law Journal 1509.
464:
blocking the
Persuader Rule, finding it was not authorized by the Act, and that it violated the
364:
Union members may enforce their LMRDA rights through private lawsuit or, in some cases, through
820:
377:
346:
331:
263:
690:
154:
551:
746:
877:
797:, 'The Role of Law in Preserving Union Democracy' (1959) 72(4) Harvard Law Review 609
751:
416:
341:, as part of the same piece of legislation that created the LMRDA, by tightening the
267:
778:
The Landrum–Griffin Act: Twenty Years of Federal Protection of Union Members' Rights
630:
Alan Hyde, Democracy in Collective Bargaining, 93 Yale Law Journal 793, 795 (1984).
493:
449:
259:
216:
103:
846:
723:
420:
316:
825:
475:
354:
232:
319:, a temporary suspension of democratic processes within a union, was limited.
813:
784:
390:
309:
816:, 'The Law and Trade Union Democracy' (1961) 47(1) Virginia Law Review 1-50
707:, 622 F.2d 140, 143 (5th Cir. 1980). See also Hyde, 39.
858:
479:
397:
for failing to pursue action against the Teamsters for its corruption.
389:
Griffin acknowledged the shortcomings, particularly with regard to the
122:
54:
853:
808:
Eisenhower and Landrum–Griffin: A Study in Labor-Management Politics
800:
794:
686:
Allied Chemical Workers Local 1 v. Pittsburgh Plate Glass Company
438:
Allied Chemical Workers Local 1 v. Pittsburgh Plate Glass Company
312:
in handling the assets and conducting the affairs of the union.
864:
828:, 'American Legislation for Union Democracy' (1962) 25 MLR 273
376:
Twenty years after the passage of the Act, co-sponsor Senator
305:
Unions had to submit annual financial reports to the DOL.
326:
The LMRDA covers both workers and unions covered by the
548:"National Labor Relations Board, 75 Years, 1935 - 2010"
282:
Unions had to hold secret elections, reviewable by the
839:
Labor-Management Reporting and Disclosure Act of 1959
617:
615:
209:
Labor Management Reporting and Disclosure Act of 1959
456:
sued and, on November 16, 2016, U.S. District Judge
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143:
133:
128:
109:
90:
85:
74:
66:
53:
44:
95:
789:Unions in Transition: Entering the Second Century
466:First Amendment to the United States Constitution
278:Important provisions of the law were as follows:
650:Gordon v. Laborers' Int'l Union of North America
894:History of labor relations in the United States
657: (10th Cir. 1973). See also Hyde, 826.
859:Amended text, regulations and interpretations
783:H Benson, 'The Fight for Union Democracy' in
747:"DOL Persuader Rule Blocked by Federal Judge"
31:Labor Management Reporting and Disclosure Act
18:Labor-Management Reporting and Disclosure Act
8:
49:labor organizations, and for other purposes.
30:
454:National Federation of Independent Business
315:Unions' power to put subordinate bodies in
173:in the Senate as S. 1555 on March 25, 1959
511:List of United States federal legislation
507:(Labor Management Relations Act of 1947)
424:union elites) or control of inflation."
245:International Longshoremen's Association
899:United States federal labor legislation
521:
241:International Brotherhood of Teamsters
29:
717:Cassens Weiss, Debra (28 June 2016).
7:
889:Labor relations in the United States
542:
540:
538:
536:
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499:National Labor Relations Act of 1935
308:Every union officer must act as a
100:Tooltip Public Law (United States)
25:
253:United States Department of Labor
478:
357:against a union that engages in
36:
869:Association for Union Democracy
854:Statute Compilations collection
266:. The drafting was assisted by
351:National Labor Relations Board
1:
776:JR Bellace and AD Berkowitz,
528:Bellace and Berkowitz (1979).
258:It was sponsored by Democrat
188:on April 25, 1959 (90-1)
861:from the Department of Labor
434:National Labor Relations Act
339:National Labor Relations Act
328:National Labor Relations Act
884:86th United States Congress
600:Bellace and Berkowitz, iii.
80:86th United States Congress
930:
366:the US Department of Labor
337:Congress also amended the
609:Bellace and Berkowitz, v.
166:
35:
904:1959 in economic history
345:'s prohibitions against
181:Labor and Public Welfare
909:1959 in labor relations
486:Organized labour portal
359:recognitional picketing
227:After enactment of the
177:Committee consideration
27:United States labor law
621:29 U.S.C. §411 (1959).
387:
299:United States v. Brown
462:nationwide injunction
410:Collective bargaining
382:
211:(also "LMRDA" or the
198:on September 14, 1959
693:, 187-88 (1971).
691:404 U.S. 157
655:490 F.2d 133
589:381 U.S. 437
372:Subsequent operation
196:Dwight D. Eisenhower
460:issued a permanent
458:Samuel Ray Cummings
395:Department of Labor
284:Department of Labor
249:United Mine Workers
213:Landrum–Griffin Act
162:Legislative history
70:Landrum–Griffin Act
32:
791:(1986), pp 323–370
754:Daily Labor Report
745:Dubé, Lawrence E.
501:, the "Wagner Act"
347:secondary boycotts
332:Railway Labor Act
264:Robert P. Griffin
205:
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186:Passed the Senate
112:Statutes at Large
16:(Redirected from
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147:sections created
138:29 U.S.C.: Labor
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780:(1979). 363 pp.
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810:(1990) 202 pp.
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583:U.S. v. Brown
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554:on 2011-01-27
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841:as amended (
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728:. Retrieved
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703:
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671:
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649:
644:
635:
626:
605:
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591: (1965).
581:
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556:. Retrieved
552:the original
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494:US labor law
450:Barack Obama
447:
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388:
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363:
336:
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297:
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260:Phil Landrum
257:
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217:US labor law
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185:
176:
170:
129:Codification
58:(colloquial)
759:20 November
730:20 November
724:ABA Journal
571:Lee (1990).
421:trusteeship
353:to seek an
317:trusteeship
878:Categories
865:Website of
826:CW Summers
771:References
666:Hyde, 795.
639:Hyde, 807.
558:2011-01-29
448:President
355:injunction
233:Wagner Act
223:Background
171:Introduced
157:§§ 401-531
91:Public law
45:Long title
849:) in the
814:SM Lipset
785:SM Lipset
391:Teamsters
310:fiduciary
151:29 U.S.C.
86:Citations
67:Nicknames
821:ssrn.com
806:AR Lee,
472:See also
428:Pensions
215:), is a
117:73
55:Acronyms
847:details
380:wrote,
274:Content
96:Pub. L.
787:, ed.
689:,
653:,
587:,
401:Voting
155:ch. 11
145:U.S.C.
121:
104:86–257
102:
801:A Cox
795:A Cox
517:Notes
153:
119:Stat.
62:LMRDA
867:the
761:2016
732:2016
207:The
78:the
851:GPO
843:PDF
179:by
123:519
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614:^
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270:.
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