ONE MEMBER, ONE VOTE!
WHAT CAN WE DO?
ATTEND YOUR LOCAL UNION MEETINGS
LET YOUR DELEGATES TO THE GENERAL CONVENTION KNOW WHAT WE WANT
BE SURE YOUR DELEGATES REPRESENT YOU
ATTEND YOUR LOCAL UNION MEETINGS
LET YOUR DELEGATES TO THE GENERAL CONVENTION KNOW WHAT WE WANT
BE SURE YOUR DELEGATES REPRESENT YOU
WHY IS THIS IMPORTANT? READ THE FOLLOWING:
In 1998 the UBC International restructured our entire Union. Under the restructuring the UBC took away many, if not most, of the authority previously held by the Local Unions and gave these powers to the newly organized "Regional Councils" and Council delegates.
AMONG THOSE POWERS ARE THE POWER TO:
Raise working dues without the vote of the members.
Appoint Business Representitives for Local Unions.
Negotiate and ratify contracts.
Appoint tristees to pension, Health & Welfare, Labor Management and training commitees, even if the appointee is not a participant of the fund.
The restructuring, we can now clearly see, has taken away all the real authority, almost any need to exist, for the Locals, leaving them mere empty shells; no more than social clubs.
Since this process has given all the authority to the Regional Councils, it seems appropriate that the membership be given the authority to elect he Council and reps, since they now perform the functions previously done by the Local Unions. The reasons for direct election of Council officers and reps are deeply rooted in our American culture:
The Declaration of Independence
The United States Constitution
The Bill of Rights
The UBCJA Platform Ê"...requiring the election of all public officials by DIRECT VOTE of the people".
WHY IS IT IMPORTANT TO RETURN TO DIRECT ELECTIONS OF COUNCIL OFFICERS AND REPS?
It is at the heart of democratic values.
It is the only way to get or keep the rank and file members active in their own Union (especially in the efforts to organize).
It is the only way to organize new members, grow the Union and increase the per cent of members.
WHY WOULD CARPENTERS JOIN AN ORGANIZATION WHERE THEY HAVE NO POWER TO ELECT THEIR OWN OFFICERS AND REPS, NO RIGHT TO VOTE ON THEIR CONTRACTS AND CAN'T VOTE ON THEIR DUES?
How else will members check unnecessary pay increases for officers at the cost of a dues increase?
Ê Ê Ê ÊCARPENTERS DEMAND THE VOTE
It is the only way to curtail the extreme concentration of power in the hands of a few.
KEEP IN MIND ABSOLUTE POWER CORRUPTS ABSOLUTELY!!
Ê Ê
AMONG THOSE POWERS ARE THE POWER TO:
Raise working dues without the vote of the members.
Appoint Business Representitives for Local Unions.
Negotiate and ratify contracts.
Appoint tristees to pension, Health & Welfare, Labor Management and training commitees, even if the appointee is not a participant of the fund.
The restructuring, we can now clearly see, has taken away all the real authority, almost any need to exist, for the Locals, leaving them mere empty shells; no more than social clubs.
Since this process has given all the authority to the Regional Councils, it seems appropriate that the membership be given the authority to elect he Council and reps, since they now perform the functions previously done by the Local Unions. The reasons for direct election of Council officers and reps are deeply rooted in our American culture:
The Declaration of Independence
The United States Constitution
The Bill of Rights
The UBCJA Platform Ê"...requiring the election of all public officials by DIRECT VOTE of the people".
WHY IS IT IMPORTANT TO RETURN TO DIRECT ELECTIONS OF COUNCIL OFFICERS AND REPS?
It is at the heart of democratic values.
It is the only way to get or keep the rank and file members active in their own Union (especially in the efforts to organize).
It is the only way to organize new members, grow the Union and increase the per cent of members.
WHY WOULD CARPENTERS JOIN AN ORGANIZATION WHERE THEY HAVE NO POWER TO ELECT THEIR OWN OFFICERS AND REPS, NO RIGHT TO VOTE ON THEIR CONTRACTS AND CAN'T VOTE ON THEIR DUES?
How else will members check unnecessary pay increases for officers at the cost of a dues increase?
Ê Ê Ê ÊCARPENTERS DEMAND THE VOTE
It is the only way to curtail the extreme concentration of power in the hands of a few.
KEEP IN MIND ABSOLUTE POWER CORRUPTS ABSOLUTELY!!
Ê Ê
THE DRUM ACT is the most important legislation for rank and file union members to be brought before the House in years (in a lot of your lifetimes). Be sure to write/call your local representitives in support.
DOWNLOAD/COPY THIS DOCUMENT AND DISTRIBUTE IT TO ALL THE REGISTERED VOTERS YOU KNOW
DOWNLOAD/COPY THIS DOCUMENT AND DISTRIBUTE IT TO ALL THE REGISTERED VOTERS YOU KNOW
Denocratic Rights for Union Members Act of 2000 (Introduced in the House)
HR 4963 IH
Ê Ê Ê Ê Ê Ê Ê Ê106th CONGRESS
Ê Ê Ê Ê Ê Ê Ê Ê 2nd Session
Ê Ê Ê Ê Ê Ê Ê Ê ÊH.R. 4963
To amend the Labor-Managment Reporting and disclosure Act of 1959.
Ê Ê ÊIN THE HOUSE OF REPRESENTITIVES
Ê Ê Ê Ê Ê Ê Ê ÊJuly 26, 2000
Mr. Boehner introduced the following bill; which was referred to the Commitee on Education and the Workforce.
Ê Ê Ê Ê Ê Ê Ê Ê ÊA BILL
To amend the Labor-Management Reporting and Disclosutre Act of 1959.
Ê Be it enacted by the Senate and House of Representitives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
Ê (a) SHORT TITLE- This act may be cited as the "Democratic Rights for Union Members Act of 2000"
Ê (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.
Ê (a) FINDINGS- The Congress finds the following:
Ê Ê Ê (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.
Ê Ê Ê Ê(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 decision making.
Ê Ê Ê Ê (3) Authoritarian of unions is contrary to the spirit, traditions, and principles that should guide the labor movement.
Ê (b) PURPOSES- The purposes of the amendments made by this Act are:
Ê Ê Ê (1) To strengthen the Labor-Managemaent Reporting and Disclosure Act of 1959 to protect and promote democratic processes and democratic rights of union members;
Ê Ê Ê Ê(2) to ensure that labor organizations exist to express the will of the members; and
Ê Ê Ê Ê(3) to further empower union members and make union organizations institutions by which workers truly govern themselves.
SEC. 3. INFORMATION.
Ê (a) IN GENERAL-Section 105 (29 U.S.C. 415) is ammended by adding at the end the following: "A labor organization shall provide such information-
Ê Ê Ê (1) to each new member 90 days after the member has joined the labor organization and
Ê Ê Ê (2) periodically to all members in a manner which the Secretary Labor determines will promote a fuller understanding of the member's rights and judicial remedies under this Act.
Ê (b) ENFORCMENT-Section 102 (29 U.S.C. 412) is amended-
Ê Ê Ê Ê(1) by striking "Any person" and inserting Ê
(a) "Except as provided in subsection (b), any person"; and
Ê Ê Ê Ê(2) by adding at the end the following:
Ê Ê Ê Ê"(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 in the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropiate.".
SEC. 4 TRUSTEESHIPS.
Ê (a) PURPOSES OF ESTABLISHMENT OF TRUSTEESHIP-Section 302 (29 U.S.C. 462) is amended-
Ê Ê Ê Ê (1) by inserting "(a)" before "Trusteeships"; and
Ê Ê Ê Ê Ê(2) by adding at the end of the following:
Ê "(b) (1) Except as provided in paragraph (2), a trusteeship may be authorized only after a fair hearing either before the exectutive 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.
Ê "(2) Where immediate action is necessary to fulfill the purposes of this section, temporary trusteeship may be established, for not more than 30 days, pending a hearing under paragraph (1).".
Ê (b) ENFORCEMANT- Section 304(c) (29 U.S.C. 464 (c)) is amended to read as follows: "Eighteen months after the authorization of a 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 their complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate."
Ê (c) DISSOLUTION OF TRUSTEESHIP-Section 304 (29 U.S.C. 464) is amended by adding at the end of the folliowing: Ê Ê
Ê'(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 section IV. If the trusteeship is dissolved by order of the 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
Ê (a) MEMBERSHIP LISTS- Section401 (c) (29 U.S.C. 481(c)) is amended by striking "to inspect a list"
and inserting "to inspect, upon request, to be provided with a list."
Ê (b) DISTRICT COUNCIL OFFICERS- Section 401 (d) (29 U.S.C. 481 (d)) is ammended to read as follows:
Ê "(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 excercise 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 representitives of such members who have been elected by secret ballot.".
Ê (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 "eligable to be a candidate" the following: "(subject to reasonable qualifications which do not exclude a majority of the members and which are uniformly imposed)."
Ê (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.
Ê Not later than 6 months after 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 Êto the Labor- Management Reporting and Disclosure Act of 1959.
SEC. 7. EFFECTIVE DATE.
Ê The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. Ê
HR 4963 IH
Ê Ê Ê Ê Ê Ê Ê Ê106th CONGRESS
Ê Ê Ê Ê Ê Ê Ê Ê 2nd Session
Ê Ê Ê Ê Ê Ê Ê Ê ÊH.R. 4963
To amend the Labor-Managment Reporting and disclosure Act of 1959.
Ê Ê ÊIN THE HOUSE OF REPRESENTITIVES
Ê Ê Ê Ê Ê Ê Ê ÊJuly 26, 2000
Mr. Boehner introduced the following bill; which was referred to the Commitee on Education and the Workforce.
Ê Ê Ê Ê Ê Ê Ê Ê ÊA BILL
To amend the Labor-Management Reporting and Disclosutre Act of 1959.
Ê Be it enacted by the Senate and House of Representitives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
Ê (a) SHORT TITLE- This act may be cited as the "Democratic Rights for Union Members Act of 2000"
Ê (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.
Ê (a) FINDINGS- The Congress finds the following:
Ê Ê Ê (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.
Ê Ê Ê Ê(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 decision making.
Ê Ê Ê Ê (3) Authoritarian of unions is contrary to the spirit, traditions, and principles that should guide the labor movement.
Ê (b) PURPOSES- The purposes of the amendments made by this Act are:
Ê Ê Ê (1) To strengthen the Labor-Managemaent Reporting and Disclosure Act of 1959 to protect and promote democratic processes and democratic rights of union members;
Ê Ê Ê Ê(2) to ensure that labor organizations exist to express the will of the members; and
Ê Ê Ê Ê(3) to further empower union members and make union organizations institutions by which workers truly govern themselves.
SEC. 3. INFORMATION.
Ê (a) IN GENERAL-Section 105 (29 U.S.C. 415) is ammended by adding at the end the following: "A labor organization shall provide such information-
Ê Ê Ê (1) to each new member 90 days after the member has joined the labor organization and
Ê Ê Ê (2) periodically to all members in a manner which the Secretary Labor determines will promote a fuller understanding of the member's rights and judicial remedies under this Act.
Ê (b) ENFORCMENT-Section 102 (29 U.S.C. 412) is amended-
Ê Ê Ê Ê(1) by striking "Any person" and inserting Ê
(a) "Except as provided in subsection (b), any person"; and
Ê Ê Ê Ê(2) by adding at the end the following:
Ê Ê Ê Ê"(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 in the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropiate.".
SEC. 4 TRUSTEESHIPS.
Ê (a) PURPOSES OF ESTABLISHMENT OF TRUSTEESHIP-Section 302 (29 U.S.C. 462) is amended-
Ê Ê Ê Ê (1) by inserting "(a)" before "Trusteeships"; and
Ê Ê Ê Ê Ê(2) by adding at the end of the following:
Ê "(b) (1) Except as provided in paragraph (2), a trusteeship may be authorized only after a fair hearing either before the exectutive 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.
Ê "(2) Where immediate action is necessary to fulfill the purposes of this section, temporary trusteeship may be established, for not more than 30 days, pending a hearing under paragraph (1).".
Ê (b) ENFORCEMANT- Section 304(c) (29 U.S.C. 464 (c)) is amended to read as follows: "Eighteen months after the authorization of a 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 their complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate."
Ê (c) DISSOLUTION OF TRUSTEESHIP-Section 304 (29 U.S.C. 464) is amended by adding at the end of the folliowing: Ê Ê
Ê'(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 section IV. If the trusteeship is dissolved by order of the 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
Ê (a) MEMBERSHIP LISTS- Section401 (c) (29 U.S.C. 481(c)) is amended by striking "to inspect a list"
and inserting "to inspect, upon request, to be provided with a list."
Ê (b) DISTRICT COUNCIL OFFICERS- Section 401 (d) (29 U.S.C. 481 (d)) is ammended to read as follows:
Ê "(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 excercise 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 representitives of such members who have been elected by secret ballot.".
Ê (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 "eligable to be a candidate" the following: "(subject to reasonable qualifications which do not exclude a majority of the members and which are uniformly imposed)."
Ê (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.
Ê Not later than 6 months after 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 Êto the Labor- Management Reporting and Disclosure Act of 1959.
SEC. 7. EFFECTIVE DATE.
Ê The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. Ê
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