US Organizing Bill
of Rights of Members of Labor Organizations
Bill of Rights Sec. 101.
Equal Rights - Every member of a labor organization
shall have equal rights and privileges within such organization
to nominate candidates, to vote in elections or referendums
of the labor organization, to attend membership meetings,
and to participate in the deliberations and voting upon
the business of such meetings, subject to reasonable rules
and regulations in such organization's constitution and
by-laws.
Freedom of Speech and Assembly - Every member of
any labor organization shall have the right to meet and
assemble freely with other members; and to express any views,
arguments, or opinions; and to express at meetings of the
labor organization his views, upon candidates in an election
of the labor organization or upon any business properly
before the meeting, subject to the organization's established
and reasonable rules pertaining to the conduct of meetings:
Provided, That nothing herein shall be construed to impair
the right of a labor organization to adopt and enforce reasonable
rules as to the responsibility of every member toward the
organization as an institution and to his refraining from
conduct that would interfere with its performance of its
legal or contractual obligations.
Dues, Initiation Fees, and Assessments - Except
in the case of a federation of national or international
labor organizations, the rates of dues and initiation fees
payable by members of any labor organization in effect on
the date of enactment of this Act shall not be increased,
and no general or special assessment shall be levied upon
such members, except -
in the case of a local labor organization,
by majority vote by secret ballot of the members
in good standing voting at a general or special
membership meeting, after reasonable notice of the
intention to vote upon such question, or
by majority vote of the members in good standing
voting in a membership referendum conducted by secret
ballot; or
in the case of a labor organization, other than a
local labor organization or a federation of national
or international labor organizations,
by majority vote of the delegates voting at a
regular convention, or at a special convention of
such labor organization held upon not less than
thirty days' written notice to the principal office
of each local or constituent labor organization
entitled to such notice, or
by majority vote of the members in good standing
of such labor organization voting in a membership
referendum conducted by secret ballot, or
by majority vote of the members of the executive
board or similar governing body of such labor organization,
pursuant to express authority contained in the constitution
and by-laws of such labor organization: Provided,
That such action on the part of the executive board
or similar governing body shall be effective only
until the next regular convention of such labor
organization.
Protection of the Right To Sue - No labor organization
shall limit the right of any member thereof to institute
an action in any court, or in a proceeding before any administrative
agency, irrespective of whether or not the labor organization
or its officers are named as defendants or respondents in
such action or proceeding, or the right of any member of
a labor organization to appear as a witness in any judicial,
administrative, or legislative proceeding, or to petition
any legislature or to communicate with any legislator: Provided,
That any such member may be required to exhaust reasonable
hearing procedures (but not to exceed a four-month lapse
of time) within such organization, before instituting legal
or administrative proceedings against such organizations
or any officer thereof: And provided further, that no interested
employer or employer association shall directly or indirectly
finance, encourage, or participate in, except as a party,
any such action, proceeding, appearance, or petition.
Safeguards Against Improper Disciplinary Action
- No member of any labor organization may be fined, suspended,
expelled, or otherwise disciplined except for nonpayment
of dues by such organization, or by any officer thereof, unless
such member has been
served with written specific charges;
given a reasonable time to prepare his defense;
afforded a full and fair hearing.
Any provision of the constitution and by-laws of any labor
organization which is inconsistent with the provisions of this
section shall be of no force or effect.
Civil Enforcement
Sec. 102. - Any person whose rights secured by the provisions
of this title have been infringed by any violation of this title
may bring a civil action in a district court of the United States
for such relief (including injunctions) as may be appropriate.
Any such action against a labor organization shall be brought
in the district court of the United States for the district where
the alleged violation occurred, or where the principal office
of such labor organization is located.
Retention of Existing Rights
Sec. 103. - Nothing contained in this title shall limit the rights
and remedies of any member of a labor organization under any State
or Federal law or before any court or other tribunal, or under
the constitution and by-laws of any labor organization.
Right to Copies of Collective Bargaining Agreements
Sec. 104. - It shall be the duty of the secretary or corresponding
principal officer of each labor organization, in the case of a local
labor organization, to forward a copy of each collective bargaining
agreement made by such labor organization with any employer to any
employee who requests such a copy and whose rights as such employee
are directly affected by such agreement, and in the case of a labor
organization, to forward a copy of any such agreement to each constituent
which has members directly affected by such agreement; and
such officer shall maintain at the principal office of the labor
organization of which he is an officer copies of any such agreement
made or received by such labor organization, which copies shall
be available for inspection by any member or by any employee whose
rights are affected by such agreement. The provisions of section
210 shall be applicable in the enforcement of this section.
Information As To Act
Sec. 105. - Every labor organization shall inform its members
concerning the provisions of this Act.