[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4770 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

    (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 amendment is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered 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 respond 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 Reporting 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 Trusteeship.--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 jurisdiction 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 following:
    ``(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 finances 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 enactment of this 
Act, the Secretary of Labor shall review and revise all regulations 
promulgated before such date to implement 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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