[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4963 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4963

  To amend the Labor-Management Reporting and Disclosure Act of 1959.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2000

 Mr. Boehner 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 2000''.
    (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 AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The labor movement derives its strength from democracy 
        and unions lacking true democracy cannot serve in full measure 
        their economic, social, and political function in a democratic 
        society.
            (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) Authoritarian control of unions is contrary to the 
        spirit, traditions, and principles that should guide the labor 
        movement.
    (b) Purposes.--The purposes of the amendments made by 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 institutions by which workers truly govern 
        themselves.

SEC. 3. INFORMATION.

    (a) In General.--Section 105 (29 U.S.C. 415) is amended by adding 
at the end the following: ``A labor organization shall provide such 
information--
            ``(1) to each new member within 90 days after the member 
        has joined the labor organization; and
            ``(2) periodically to all members in a manner which the 
        Secretary of Labor determines will promote a fuller 
        understanding of the member's rights and judicial remedies 
        under this Act.''.
    (b) Enforcement.--Section 102 (29 U.S.C. 412) is amended--
            (1) by striking ``Any person'' and inserting ``(a) Except 
        as provided in subsection (b), any person''; and
            (2) by adding at the end the following:
    ``(b) Upon the written complaint of any member of a labor 
organization alleging that such organization has violated section 105, 
the Secretary shall investigate the complaint and if the Secretary 
finds probable cause to believe that such violation has occurred and 
has not been remedied, the Secretary shall, without disclosing the 
identity of the complainant, bring a civil action in any district court 
of the United States having jurisdiction of the labor organization for 
such relief (including injunctions) as may be appropriate.''.

SEC. 4. TRUSTEESHIPS.

    (a) Purposes of Establishment of Trusteeship.--Section 302 (29 
U.S.C. 462) is amended--
            (1) by inserting ``(a)'' before ``Trusteeships''; and
            (2) by adding at the end the following:
    ``(b)(1) Except as provided in paragraph (2), 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 and only if, in such hearing, the labor 
organization establishes by the preponderance of evidence that the 
trusteeship is necessary for a purpose allowable under this section.
    ``(2) Where immediate action is necessary to fulfill the purposes 
of this section, a temporary trusteeship may be established, for not 
more than 30 days, pending a hearing under paragraph (1).''.
    (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. ELECTIONS

    (a) Membership Lists.--Section 401(c) (29 U.S.C. 481(c)) is amended 
by striking ``to inspect a list'' and inserting ``to inspect and, upon 
request, to be provided with a copy of a list''
    (b) 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.''.
    (c) Qualifications.--Section 401(e) (29 U.S.C. 481(e)) is amended 
by striking ``and to reasonable qualifications uniformly imposed'' and 
by inserting after ``eligible to be a candidate'' the following: 
``(subject to reasonable qualifications which do not exclude a majority 
of the members and which are uniformly imposed)''.
    (d) Overturning.--Section 402(c)(2) (29 U.S.C. 482(c)(2)) is 
amended by striking ``affected the outcome of an election'' and 
inserting ``substantially understated or overstated the support of one 
of the candidates for office to the point that the democratic purposes 
of the election were undermined''.

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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