Introduction
The legal act analyzed in this research is the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). It is a Federal statute that was created to regulate some aspects of private sector labor union affairs (Feldacker & Hayes, 2014). It contains a Bill of Rights for the members of labor unions providing their rights as well as demands to reporting, meaning that unions are required to reveal data about financial condition, structure, or other significant information (Aaron, 1960). The current research provides the analysis of the Act including such aspects as the rights of the employees, the influence of the Act on labor unions, consequences of the Act violations, and strategies and policies employers can use to comply with this law.
Rights for Employees
The LMRDA deals with the activity of private and federal-sector employee unions (Atkin, & Masters, 1995). It provides guarantees for certain basic rights for union members, which are stated in Title I of the Act (Bill of Rights of Union Members). Thus, union members have the right to demand a copy of any collective bargaining contract where their rights are stated. Also, union members must receive any information regarding financial operations or administrative practices of the union they joined. Moreover, union members are entitled to vote at free and democratic officer elections as well as initiate the removal of officers. Another right granted to employees is to decide on the rise of dues by unions through the procedure of voting. Finally, union members are allowed to enforce their rights in a suit in civil court.
Impact on the Existence of Unions
There are two aspects to consider about the impact of the Act on the existence of labor unions. On the one hand, there is a negative influence because LMRDA restricts union activity by the necessity to report information and make it transparent for employees. On the other hand, this transparency and legal protection provided by LMRDA can attract more employees to membership in unions and thus stimulate their development.
Implications of Violating the Law
The implications of violating the LMRDA include both criminal provisions and civil enforcement (United States Department of Labor, 2013). Thus, criminal provisions are possible in case a person violates the Title I on purpose, or makes false statements being aware of it. Thus, the fine can reach more than $10,000 and even imprisonment is possible. Civil enforcement can be used by a Secretary to individuals violating or going to violate any of the Act statements. Therefore, any of these actions can be brought in the district court of the United States (United States Department of Labor, 2013).
Strategies and Policies Used by Employers
To comply with the LMRDA, employers apply the following strategies. First of all, transparency should become a major policy of the union. Employees should have an opportunity to see how the union protects their rights. A useful strategy applied by the unions is to provide information reports, quarterly and annual financial reports, thus revealing their progress and positive changes for employees (United States Department of Labor, 2017). Finally, employers should inform employees about any changes in work conditions and do not violate civil and work rights of employees.
Conclusion
On the whole, the Labor-Management Reporting and Disclosure Act is an integral part of labor legislation of the United States. It is one of the major documents that regulates the activity of labor unions and protects the rights of their members. The fact that the Act functions since 1959 is a proof of its effectiveness and necessity for labor relations.
References
Aaron, B. (1960). The labor-management reporting and disclosure act of 1959. Harvard Law Review, 73(5), 851-907.
Atkin, R.S. & Masters, M.F. (1995). Union democracy and the labor-management reporting and disclosure act: An alternative reform proposal. Employee Responsibilities and Rights Journal, 8(3), 193-208.
Feldacker. B. S., & Hayes, M. J. (2014). Labor guide to labor law (5th ed.). London, UK: ILR Press.
United States Department of Labor. (2013). Labor-Management Reporting and Disclosure Act of 1959, as amended. Web.
United States Department of Labor. (2017). Office of labor-management standards (OLMS). Web.