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.