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Union Member Rights and Officer Responsibilities Under the LMRDA and CSRA |
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In accordance with the Labor-Management Reporting and Disclosure Act (LMRDA) and the Civil Service Reform Act of 1978 (CSRA) as revised, the IBEW is advising you of your rights as a union member in the United States who is subject to those laws, and explaining the responsibilities of union officers covered by those laws. The LMRDA applies to the IBEW and most, but not all IBEW local unions in the U.S., and the CSRA applies to U.S. federal employees and the unions that represent those employees. The rights and responsibilities under these laws are as follows: Union Members Rights Bill of Rights — Union members have:
Collective Bargaining Agreements Union members (and other employees affected by the agreement) have the right to receive or inspect copies of collective bargaining agreements. 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, or 4) with the U.S. Department of Labor's Office of Labor-Management Standards (OLMS) and retain the records necessary to verify the reports for at least five years.). 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 reports are public information and are available from OLMS. Officer Elections Local union members have the right to:
Officer Removal Local union members have the right to an adequate procedure for the removal of an elected officer guilty of serious misconduct. Trusteeships Local unions may not be placed in trusteeship by the IBEW except for those reasons specified in the IBEW Constitution and the LMRDA or CSRA, as applicable. Protection for Exercising LMRDA/CSRA Rights A union or any of its officials may not fine, expel or otherwise discipline a member for exercising any LMRDA/CSRA right, as applicable. Prohibition Against Violence No one may use or threaten to use force or violence to interfere with a local union member in the exercise of his or her LMRDA/CSRA rights, as applicable. 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 IBEW's Constitution and local union bylaws. Union officers or employees who embezzle or steal union funds or other assets commit a Federal crime punishable by a fine and/or imprisonment. 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. Officer Elections Local unions must:
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 exceeds $2,000 at any time. The above is only a summary of the LMRDA and CSRA rights and standards of conduct. More detailed information is available from the OLMS. |
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