29 U.S.C. § 411 — Bill of rights; constitution and bylaws of labor organizations

submitted 67 years ago by Pub. L. 86-257 to r/title-29-LABOR · 713 words · no verdicts yet

in plain englishAI-generated · not legal advice

Union members have equal rights to nominate candidates, vote, and speak up at meetings, and unions generally can't limit their right to sue, testify, or petition lawmakers. Dues and fees mostly can't be raised without a member vote, and members can only be disciplined after written charges, time to prepare, and a fair hearing. Any union rule that conflicts with these protections is void.

(a)(1) Equal rights: Every union member has equal rights to nominate candidates, vote in the union's elections or referendums, attend membership meetings, and take part in the meeting's discussions and votes — subject to the union's reasonable constitution and bylaw rules. (a)(2) Freedom of speech and assembly: Every member has the right to meet and gather freely with other members, and to express views, arguments, or opinions, including speaking at meetings about election candidates or any business properly before the meeting — subject to the union's established, reasonable rules on running meetings. This doesn't stop a union from adopting and enforcing reasonable rules about members' responsibility to the union as an institution, or from requiring members not to interfere with the union's legal or contract duties. (a)(3) Dues, initiation fees, and assessments: Except for a federation of national or international unions, the dues and initiation-fee rates in effect as of September 14, 1959 cannot be raised, and no general or special assessment can be charged, except: (A) for a local union, by a majority secret-ballot vote of members at a general or special meeting (after reasonable notice), or by a majority vote in a secret-ballot referendum; or (B) for other unions (besides a local or a federation), by a majority vote of delegates at a regular convention or a special convention (held on at least 30 days' written notice to each local), by a majority secret-ballot referendum of members, or by a majority vote of the union's executive board under its constitution — though a board vote is only good until the union's next regular convention. (a)(4) Protection of the right to sue: No union can limit a member's right to sue in court or before an administrative agency — even if the union or its officers are named as defendants — or a member's right to testify in a legal, administrative, or legislative proceeding, or to petition a legislature or contact a lawmaker. However, a member can be required to first use the union's internal hearing procedures, capped at four months, before suing. No employer with an interest in the outcome may finance, encourage, or take part in such a lawsuit, proceeding, appearance, or petition, except as a party. (a)(5) Safeguards against improper discipline: A union member cannot be fined, suspended, expelled, or otherwise disciplined — except for not paying dues — unless the member has been (A) given written, specific charges; (B) given a reasonable time to prepare a defense; and (C) given a full and fair hearing. (b) Invalidity of constitution and bylaws: Any part of a union's constitution or bylaws that conflicts with this section has no legal force or effect.

the actual law source: uscode.house.gov ↗public domain

(a)

(1) 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 bylaws.

(2) 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.

(3) 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 September 14, 1959 shall not be increased, and no general or special assessment shall be levied upon such members, except—

(A)

in the case of a local labor organization, (i) 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 (ii) by majority vote of the members in good standing voting in a membership referendum conducted by secret ballot; or

(B)

in the case of a labor organization, other than a local labor organization or a federation of national or international labor organizations, (i) 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 (ii) by majority vote of the members in good standing of such labor organization voting in a membership referendum conducted by secret ballot, or (iii) 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 bylaws 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.

(4) 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.

(5) 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 (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.

(b) Invalidity of constitution and bylaws

Any provision of the constitution and bylaws of any labor organization which is inconsistent with the provisions of this section shall be of no force or effect.

Source credit: (Pub. L. 86–257, title I, § 101, Sept. 14, 1959, 73 Stat. 522.)

history & why it existsrecord from the source credit

1959Enacted · Pub. L. 86-257 · 73 Stat. 522

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-257 on 1959-09-14.

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