Landrum Griffin Act
In 1959 congress passed the Landrum Griffin Act. This act was entitled the Labor Management Reporting and Disclosure Act. (LMRDA) This act was created to regulate internal union activities. It established the Bill of Rights for members, established union election procedures, and established reporting and disclosure requirements for unions, officers and employers. The LMRDA also amended the LMRA by adding restrictions on picketing, closing loopholes in Taft Hartley Act and adding section 8(E) to the LMRA prohibiting Hot Cargo clauses. The formal name of the NLRA was changed to Labor Management Relations Act (LMRA) in 1959
The LMRA has become the foundation for Labor Law today. Section 1 contains the basic reasons, findings and policies that were established during the creation of the Act by Congress. Section 2 contains the definitions of the terms that are present throughout the Act. This section also exempts Federal and State Agencies from abiding by the Act, under the definition of “employer”. Section 3, 4, 5, and 6 pertain to the establishment and structure of the National Labor Relations Board.
Section 7 and 8 pertain to Unfair Labor Practices. Section 7 establishes the rights of employees to bargain collectively. Section 8 is considered to be the heart of the Act. Section 8 establishes union and employer unfair labor practices, prohibits unions and employers from taking action against an employee because of their pro or anti union stance, permits mandatory union membership under certain circumstances, when an agreement contains a “union security clause,” requires the union and employer to bargain in good faith, prohibits secondary boycotting, prohibits secondary boycotting, prohibits excessive initiation fees. prohibits featherbedding, and regulates union picketing to recognition or organizational purposes. This section also establishes notice requirements to terminate a contract. In the construction industry, the mandatory requirement to join a union is lowered from 30 days to 7 days. Section 8 addresses the special notification requirements for picketing in or at a health care facility.
Section 9 pertains to union certification election procedures. This section regulates the election process, prohibits a valid election from being held more than once a year, establishes the rights of economic strikers to vote in an election, establishes the procedure for a runoff, and permits employees who have a “security clause” the right to decertify.
Section 10 establishes the enforcement of unfair labor practices found in Section 8.The complaints must be filed within 6 months of the infraction. It establishes trial procedures for unfair labor practices and specifies the appeal process. Section 10K of the act gives the board the authority to determine the merits of work jurisdictional disputes. Section 11 establishes the Investigative powers of the board. Section 12 makes it a criminal act to interfere with the board. Section 13 preserves the right to strike. Title 2 of the act establishes Federal Mediation and Conciliation Services and determines their duties.
The following sections were added to the Act and are now enforced by the courts, instead of the NLRB. Section 301 refers to enforcement of the collective bargaining agreement. Section 302 restricts employer payments to union officials. Subsection 302© (4) allows employers to deduct dues from an employees check. Section 302©(5) establishes the structure and purpose of jointly administered funds. The Employee Retirement Income Security Act (ERISA) was established in 1974 to further regulate this section. Section 303 allows the court to award punitive awards against unions who engage in unfair labor practices.
