Member Rights/LMRDA

The Labor-Management Reporting and Disclosure Act (LMRDA) guarantees certain rights to union members and imposes certain responsibilities on union officers. The Office of Labor-Management Standards (OLMS) enforces many LMRDA provisions while other provisions, such as the bill of rights, may only be enforced by union members through private suit in Federal court.

Union Member Rights

Bill of Rights

Union Members Have:

  • equal rights to participate in union activities
  • freedom of speech and assembly
  • voice in setting rates of dues, fees, and assessments
  • protection of the right to sue
  • safeguards against improper discipline

Copies of Collective Bargaining Agreements:

Union members and nonunion employees 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-2/3/4) with OLMS. Unions must make the reports available to members and permit members to examine supporting records for just cause. The reports are public information and copies are available from OLMS.

Officer Elections:

Union Members Have The Right To:

  • nominate candidates for office
  • run for office
  • cast a secret ballot
  • protest the conduct of an election

Officer Removal:

Local union members have the right to an adequate procedure for the removal of an elected officer guilty of serious misconduct.

Trusteeships:

Unions may only be placed in trusteeship by a parent body for the reasons specified in the LMRDA.

Prohibition Against Certain Discipline: A union or any of its officials may not fine, expel, or otherwise discipline a member for exercising any LMRDA 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 LMRDA 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. Union officers or employees who embezzle or steal union funds or other assets commit a Federal crime punishable by a fine and/or imprisonment.

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 which exceed $5,000.

Labor Organization Reports:

Union Officers Must:

  • file an initial information report (Form LM- 1) and annual financial reports (Forms LM-2/3/4) with OLMS.
  • retain the records necessary to verify the reports for at least five years.

Officer Reports:

Union officers and employees must file reports concerning any loans and benefits received from, or certain financial interests in, employers whose employees their unions represent and businesses that deal with their unions.

Officer Elections:

Unions Must:

  • hold elections of officers of local unions by secret ballot at least every three years.
  • conduct regular elections in accordance with their constitution and bylaws and preserve all records for one year.
  • mail a notice of election to every member at least 15 days prior to the election.
  • comply with a candidate’s request to distribute campaign material.
  • not use union funds or resources to promote any candidate (nor may employer funds or resources be used).
  • permit candidates to have election observers.
  • allow candidates to inspect the union’s membership list once within 30 days prior to the election.

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.

Fines:

A union may not pay the fine of any officer or employee convicted of any willful violation of the LMRDA.

Note: The above is only a summary of the LMRDA. Full text of the Act, which comprises Sections 401-531 of Title 29 of the United States Code, may be found in many public libraries, or by writing the U.S. Department of Labor, Office of Labor-Management Standards, 200 Constitution Ave., NW, Room N-5616, Washington, DC 20210, or on the internet at www.dol.gov

Know Your Rights

Financial Reports

FINANCIAL REPORTS. The Constitution of the SIU Atlantic, Gulf, Lakes and Inland Waters District makes specific provision for safeguarding the membership’s money and union finances. The constitution requires a detailed audit by certified public accountants every year, which is to be submitted to the membership by the secretary-treasurer. A yearly finance committee of rank-and-file members, elected by the membership, each year examines the finances of the union and reports fully their findings and recommendations. Members of this committee may make dissenting reports, specific recommendations and separate findings.

Trust Funds

TRUST FUNDS. All trust funds of the SIU Atlantic, Gulf, Lakes and Inland Waters District are administered in accordance with the provisions of various trust fund agreements. All these agreements specify that the trustees in charge of these funds shall equally consist of union and management representatives and their alternates. All expenditures and disbursements of trust funds are made only upon approval by a majority of the trustees. All trust fund financial records are available at the headquarters of the various trust funds.

Shipping Rights

SHIPPING RIGHTS. A member’s shipping rights and seniority are protected exclusively by contracts between the union and the employers. Members should get to know their shipping rights. Copies of these contracts are posted and available in all union halls. If members believe there have been violations of their shipping or seniority rights as contained in the contracts between the union and the employers, they should notify the Seafarers Appeals Board by certified mail, return receipt requested. The proper address for this is:

Augustin Tellez, Chairman
Seafarers Appeals Board
5201 Auth Way
Camp Springs, MD 20746

Full copies of contracts as referred to are available to members at all times, either by writing directly to the union or to the Seafarers Appeals Board.

Contracts

CONTRACTS. Copies of all SIU contracts are available in all SIU halls. These contracts specify the wages and conditions under which an SIU member works and lives aboard a ship or boat. Members should know their contract rights, as well as their obligations, such as filing for overtime (OT) on the proper sheets and in the proper manner. If, at any time, a member believes that an SIU patrolman or other union official fails to protect their contractual rights properly, he or she should contact the nearest SIU port agent.

Editorial Policy — The Seafarers Log

EDITORIAL POLICY — THE SEAFARERS LOG. The Seafarers LOG traditionally has refrained from publishing any article serving the political purposes of any individual in the union, officer or member. It also has refrained from publishing articles deemed harmful to the union or its collective membership. This established policy has been reaffirmed by membership action at the September 1960 meetings in all constitutional ports. The responsibility for Sea­farers LOG policy is vested in an editorial board which consists of the executive board of the union. The executive board may delegate, from among its ranks, one individual to carry out this responsibility.

Payment of Monies

PAYMENT OF MONIES. No monies are to be paid to anyone in any official capacity in the SIU unless an official union receipt is given for same. Under no circumstances should any member pay any money for any reason unless he is given such receipt. In the event anyone attempts to require any such payment be made without supplying a receipt, or if a member is required to make a payment and is given an official receipt, but feels that he or she should not have been required to make such payment, this should immediately be reported to union headquarters.

Constitutional Rights and Obligations

CONSTITUTIONAL RIGHTS AND OBLIGATIONS. Copies of the SIU Constitution are available in all union halls. All members should obtain copies of this constitution so as to familiarize themselves with its contents. Any time a member feels any other member or officer is attempting to deprive him or her of any constitutional right or obligation by any methods, such as dealing with charges, trials, etc., as well as all other details, the member so affected should immediately notify headquarters.

Equal Rights

EQUAL RIGHTS. All members are guaranteed equal rights in employment and as members of the SIU. These rights are clearly set forth in the SIU Constitution and in the contracts which the union has negotiated with the employers. Conse­quently, no member may be discriminated against because of race, creed, color, sex, national or geographic origin.

If any member feels that he or she is denied the equal rights to which he or she is entitled, the member should notify union headquarters.

Seafarers Political Activity Donation (SPAD)

SEAFARERS POLITICAL ACTIVITY DONATION (SPAD). SPAD is a separate segregated fund. Its proceeds are used to further its objects and purposes including, but not limited to, furthering the political, social and economic interests of maritime workers, the preservation and furthering of the American merchant marine with improved employment opportunities for seamen and boatmen and the advancement of trade union concepts. In connection with such objects, SPAD supports and contributes to political candidates for elective office. All contributions are voluntary. No contribution may be solicited or received because of force, job discrimination, financial reprisal, or threat of such conduct, or as a condition of membership in the union or of employment. If a contribution is made by reason of the above improper conduct, the member should notify the Seafarers International Union or SPAD by certified mail within 30 days of the contribution for investigation and appropriate action and refund, if involuntary. A member should support SPAD to protect and further his or her economic, political and social interests, and American trade union concepts.

Notifying the Union

NOTIFYING THE UNION — If at any time a member feels that any of the above rights have been violated, or that he or she has been denied the constitutional right of access to union records or information, the member should immediately notify SIU President Michael Sacco at headquarters by certified mail, return receipt requested. The address is:

Michael Sacco, President
Seafarers International Union
5201 Auth Way
Camp Springs, MD  20746