Employment

Landrum-Griffin Act

Landrum-Griffin Act

November 30
00:00 -0001

Landrum-Griffin Act

 

LANDRUM-GRIFFIN ACT TEXT

What is the Landrum Griffin Act of 1959?

The Landrum Griffin Act; commonly known as The Labor-Management Reporting and Disclosure Act,  was a bill signed into law by President Dwight Eisenhower that was enacted to prevent abuse and attempted to regulate internal union affairs; which is found in United States Code 29 U.S.C. subsection 409 et seq.  It provides standards for the disclosure and reporting of financial transactions and administrative processes of labor organizations and employers as well as protects union funds and assets; the administration of labor organizations; the rights of union members; and the election of officers to labor organizations.

Background

Wagner & Taft-Hartley Acts

With the passage of the Wagner Act in 1935 employees were guaranteed certain protections including: The prohibition of management to interfere, restrain or coerce employees in their rights of freedom of association, and to form, join, or assist labor organizations, to bargain collectively for wages and working conditions through unions; prohibition of management to interfere with a labor organization; prohibition of discrimination of employees involved in labor organization; prohibition f discrimination against employees that testify against a management for managements anti-union policies; and it prohibited management from refusing to agree or conform to collective bargaining.

In 1947 President Truman signed into law the Taft-Hartley Act; which curtailed the power of labor unions.  The Taft-Hartley Act prohibited "unfair labor practices" on the part of unions including: jurisdictional strikes, wildcat strikes, secondary boycotts and donations by unions to federal political campaigns and "closed shops." These were contracts that required an employer to hire only labor union members.  In addition the Taft-Hartley Act required union officers to sign a non-communist affidavit.  Also included in the Act was a provision that permitted the federal government to "break-up" strikes by obtaining an injunction.  This provision of the act was used many times to cease strikes in the steel and railroad industries that would have had a detrimental impact on the national economy.

Landrum-Griffin Act of 1957

The Landrum Griffin Act of 1957 resulted from a highly publicized investigation of union corruption and racketeering chaired led Senator John L. McLellan of Arkansas.  The investigation was promulgated by a number of reports involving both the Teamster Union and the AFL-CIO regarding corruption and organized crime.  

The investigation uncovered information that officers in the Teamsters Union and other groups had taken union funds for private use and that there was no doubt that the unions were linked to organized crime.  The investigation eventually led to the removal of the Teamsters from the AFL-CIO; which was, at that time the largest labor organization in the United States 

In addition, at the period of the Landrum Griffin Acts enactment communism was a looming threat in American history and the advent of McArthyism brought fears of communist intrusion into the public affairs of the United States.  

Provisions of the Landrum Griffin Act

Union Bill of Rights

Title I of the Landrum Griffin Act comprises the Union Bill of Rights.  The provisions of this title provide essential and basic rights for every employee who is a member of a labor organization.  They are as follows:

1. EQUAL RIGHTS.– Member of labor organizations 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.– Members of labor organizations have the right to meet and assemble freely with other members 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 the date of enactment of this Act shall not be increased, and no general or special assessment shall be levied upon such members.

4. PROTECTION OF THE RIGHT TO SUE.– No labor organization shall limit the right of any member to institute to sue in court, or in a proceeding before any administrative agency 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 and 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 unless they have been given proper hearings and administrative avenues.

Oversight

One of the main provisions of the Landrum Griffin Act is the enactment of several regulations requiring oversight of policy, administration and financial activities associated with labor organizations.  Regulations include the filing of documents with the federal government pertaining to the formalities of the labor organization including salaries of the officers and the membership dues.  The Landrum Griffin Act also requires that the documents pertaining to a labor organization be made public and that any member of the labor organization has a right to view and keep a copy of any collective bargaining agreement associated with that labor organization.

Criminal Penalties

The Landrum Griffin Act also provides criminal penalties for violations of the Act.  Such provisions include:

1. Any person who willfully violates this title shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

2. Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any document, report, or other information required under the provisions of this title shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

3. Any person who willfully makes a false entry in or willfully conceals, withholds, or destroys any books, records, reports, or statements required to be kept by any provision of this title shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

4. Each individual required to sign reports under sections 201 and 203 shall be personally responsible for the filing of such reports and for any statement contained therein which he knows to be false.

Other provisions

The Landrum Griffin Act also touches upon many other aspects of labor organizations.  Included in the titles of the act are provisions concerning elections of labor organization officers; the extent of fiduciary obligations of those officers; bonding; the ability of the labor organization to make loans; and the administrative requirements and recordkeeping associated with the labor organization.

 

Share

About Author

admin

admin

Related Articles

Employment News

Finally a Good Sign: Jobless Claims Drop Finally a Good Sign: Jobless Claims Drop After rising as high as 670,000 during the economic crisis, weekly jobless claims are now roughly half that level.
 Woman Says Candy Company Fired Her for Orientation, Pregnancy Woman Says Candy Company Fired Her for Orientation, Pregnancy After having a complicated pregnancy and revealing that she was a lesbian among her coworkers, a woman says that Mars Chocolate North America fired her based on her sexual orientation and being a pregnant woman.
Justice Department Intervenes in Maryland Sex Discrimination Case Justice Department Intervenes in Maryland Sex Discrimination Case The Queen Anne's County Sheriff's Department in Maryland is facing the threat of severe legal consequences after the United States Department of Justice stepped in to take over a case from a former employee alleging sexual harassment.
Pharmaceutical Company Sued For Discriminating Against Women Pharmaceutical Company Sued For Discriminating Against Women Daiichi Sankyo, a Japanese manufacturer of pharmaceuticals, faces a class action lawsuit from several women who allege that the company discriminated against women, especially those who were pregnant or mothers.
EEOC: Burger King Must Allow Employee to Wear Skirt EEOC: Burger King Must Allow Employee to Wear Skirt A woman who adheres to a religious philosophy requiring her to wear long skirts instead of pants has settled with Burger King in an employment discrimination lawsuit.
Equal Employment Opportunity Tabulation Released Equal Employment Opportunity Tabulation Released On November 29, 2012, the Census Bureau released the 2006-2010 American Community Survey Equal Opportunity Tabulation.
17 MA Employers Fined for Employing Unlawful Employees 17 MA Employers Fined for Employing Unlawful Employees On November 14, 2012, Immigration and Customs Enforcement (ICE) reported that 17 Massachusetts employers received fines totaling $349,619.
Census Shows Steady Increase in Home-Based Workers Census Shows Steady Increase in Home-Based Workers On October 4, 2012, the United States Census Bureau announced that 4.
Seasonal Hiring May Boost Employment Outlook for Many Seasonal Hiring May Boost Employment Outlook for Many While recent reports are showing a slow growth in the job market, many workers will soon be relying on job opportunities that arise from the upcoming holiday season.
Employment Rates: Highest In Three Years Employment Rates: Highest In Three Years October has seen the highest number of employment for United State workers in three years, which has provided some hope for economic recovery in the near future.
Labor Board Facing Road Block Labor Board Facing Road Block The government agency that enforces the United States’ labor laws could be stripped of its powers next year.
GDP Grows 2.5%: What’s it mean for Employment? GDP Grows 2.5%: What’s it mean for Employment? The United States Commerce Department announced on Thursday that the economy grew at a 2.
Judge Questions New Employment Law Judge Questions New Employment Law Tallahassee—A circuit judge harshly questioned fundamental elements of Florida’s decision to force state workers to pay 3 percent of their annual salaries for retirement costs, raising the prospect that the new law could be deemed unconstitutional.

Guide To: Employment Lawyers

Guide to Finding Employee Lawyer Guide to Finding Employee Lawyer How do I find an Employee Lawyer?Employment law can cover a wide variety of areas but deal mostly with the relationship between companies and their employees.
Guide to Finding Workers Comp Lawyer Guide to Finding Workers Comp Lawyer How do I find Worker Comp Lawyers?Worker compensation is a program which can provide some financial help and compensation for those injured during the course of their employment.