The standards of
conduct provisions of the Civil Service Reform Act of 1978 (CSRA),
among other statutes, guarantee certain rights to Federal employees
who exercise their statutory right to become a member of a union
representing Federal employees. The provisions also impose certain
responsibilities on officers of these unions to ensure union
democracy, financial integrity, and transparency. The Office of
Labor-Management Standards (OLMS) is the Federal agency with primary
authority to enforce many standards of conduct provisions. If you need
additional information, please contact OLMS at 1-866-4-USA-DOL. If you
suspect a violation of these rights or responsibilities, you should
refer to your union’s constitution and bylaws for information on union
procedures, timeliness, and remedies. Complaints may be filed with
OLMS after exhaustion of reasonable internal union remedies. See 29
C.F.R. §§ 452.135, 458.54.
Union Member Rights
Bill of Rights - Union
members have (1) equal rights to participate in union activities; (2)
freedom of speech and assembly; (3) voice in setting rates of dues,
fees, and assessments; (4) protection of the right to sue, and (5)
safeguards against improper discipline.
Collective Bargaining Agreements
- Union members (and certain nonunion employees) have the right to
receive or inspect copies of collective bargaining agreements.
Constitutions, Bylaws, and Reports
- Unions are required to file an initial information report (Form
LM-1), copies of constitutions and bylaws, and an annual financial
report (Form LM-2/3/4) with OLMS. Unions must make these documents
available to members and permit members to examine the records
necessary to verify the financial reports for just cause. The
documents are public information and copies of reports are available
from OLMS and at
www.union-reports.dol.gov.
Officer Elections -
Union members have the right to (1) nominate candidates for office;
(2) run for office; (3) cast a secret ballot; and (4) protest the
conduct of an election within the time limits set by the union’s
constitution and/or bylaws.
Officer Removal - Local
union members have the right to an adequate procedure for the removal
of an elected officer guilty of serious misconduct.
Trusteeships - A union
may not be placed in trusteeship by a parent body except for those
reasons specified in the standards of conduct regulations.
Protection for Exercising CSRA Rights
- A union or any of its officials may not fine, expel, or otherwise
discipline a member for exercising any CSRA right.
Prohibition Against Violence
- No one may use or threaten to use force or violence
to interfere with a union member in the exercise of his or her CSRA
rights.
Union Officer Responsibilities
Financial Safeguards -
Union officers have a duty to manage the funds and property of the
union solely for the benefit of the union and its members in
accordance with the union's constitution and bylaws. The union must
provide accounting and financial controls necessary to assure fiscal
integrity.
Prohibition of Conflicts of Interest
- A union officer or employee may not (1) have any
monetary or personal interest, or (2) engage in any business or
financial transaction that would conflict with his or her fiduciary
obligation to the union.
Bonding - Union officers
or employees who handle union funds or property must be bonded to
provide protection against losses if their union has property and
annual financial receipts that exceed $5,000.
Labor Organization Reports
- Union officers must (1) file an initial information report (Form
LM-1) and annual financial reports (Forms LM 2/3/4 ) with OLMS, and
(2) retain the records necessary to verify the reports for at least
five years.
Officer Elections -
Unions must (1) hold elections of officers of local unions by secret
ballot at least every three years; (2) conduct regular elections in
accordance with their constitution and bylaws and preserve all records
for one year; (3) mail a notice of election to every member at least
15 days prior to the election; (4) comply with a candidate's request
to distribute campaign material; (5) not use union funds or resources
to promote any candidate (nor may employer funds or resources be
used); and (6) permit candidates to have election observers.
Restrictions on Holding Office
- A person convicted of certain crimes may not serve as a union
officer, employee, or other representative of a union for up to 13
years.
Loans - A union may not
have outstanding loans to any one officer or employee that in total
exceed $2,000 at any time.