Your Right to Union Documents

Discussion in 'The Archives' started by tdu, Jun 7, 2002.

  1. tdu

    tdu Guest

    Your Right to Union Documents and Financial Information

    Teamsters have important rights to information about union finances, our pension plans, our contracts and bylaws. This article will outline some of these rights.

    TDU has fought over the years to expand these rights and win new ones, like the right to majority rule on our contracts. TDU also helps Teamsters to make use of these legal rights.

    Your Contract and Supplements
    You have a right to a copy of the contract that covers your employment. Normally you just ask your steward or business agent for a copy. If this doesnt work, a letter to your local union requesting the contract, and reminding them of your legal rights, usually works. TDU can provide a sample letter.

    You also have a right to any supplements, riders, letters of understanding, or side agreements. Your written request should ask specifically for these as well.

    Even if you work under a national contract, it is the local union which must provide you with a copy. Your local union cannot use the excuse, its not printed yet. They must provide you with a photocopy of what they have.

    You also have the right to examine all the contracts that your local union has on file (not just with your employer), at the union hall.

    Constitution and Bylaws
    All locals are required to have bylaws which govern their operations, and which detail how stewards are chosen, how officers salaries are determined, and how members can amend the bylaws.

    Members have a right to copies of the International Constitution and their local bylaws. TDU can provide a sample letter to local unions requesting these documents.

    Financial Records

    The IBT and all U.S.-based joint councils, conferences, and locals (unless they represent only public workers) are required to file financial statements by March 31 of each year with the Department of Labor. The report is submitted for most locals on a form called LM-2.

    Copies of these reports are supposed to be available for inspection by members at the local. They are also available through the Labor Department for the cost of copying. TDU gets these each year for many locals; contact us to get the report for your local. We can also help you understand your locals report.

    If you see or have reason to believe there are substantial discrepancies in any of these documents, you are entitled to examine the raw materials from which the reports were made. This right is enforceable in federal court.

    Benefit Funds
    Under a separate law, called ERISA, health and welfare and pension funds must provide financial information to any beneficiaries, so you can evaluate their strength and security. Specifically, plan participants are entitled to a Summary Annual Report of plan finances, as well as a Form 5500, which provides detailed information about plan finances.

    You should automatically receive a Summary Annual Report from your pension fund each year. You must request your funds Form 5500 (full annual report) directly from the fund itself. The fund may charge you a reasonable amount for copying costs.

    Your fund has 30 days from the receipt of your written request to send you the information. If you have difficulty obtaining the information, contact your local branch of the Department of Labor. You can be directly connected to your local office by calling the Pension Welfare and Benefits Administration at 866-ASK-PWBA.

    Membership Lists
    While members ordinarily cannot have copies of or access to the membership list, there are two circumstances in which some access is allowed:

    During elections, candidates for local union office have the right to review the unions membership list within 30 days of the ballots being mailed or cast. The review is done at the union hall. You do not have a right to a copy of the list.

    Candidates in union elections have a right to send mailings to all members or subgroups of the membership (at the campaigns expense). You do not have to wait until you are nominated to do such mailings; they may be done by any declared candidate, even months before nominations. Mailing labels are generally provided to a mailing house, or are handled by volunteers or union staff.

    Canadian Teamsters
    Canadian Teamsters have many of the same rights as U.S. members in terms of access to contracts, local union bylaws, and the IBT Constitution. However, Canadian labor law generally does not address the question of members rights within their union, which makes enforcement difficult. Contact TDU if youre having trouble getting the information you need.

    Canadian Teamsters do, however, have the right to independent access to information about their pension funds. The rules vary province by province. For example, Regulation 909 amending the Ontario Pension Benefits Act gives members the right to inspect and copy once per year all documents that support and relate to the pension plan. Its important to check with the appropriate ministry in your province to see what rules apply in your area.

    Also, Ontario Teamsters can check www.ontarioinsurance.com for information on their pension and health and welfare funds.
     
  2. my2cents

    my2cents Guest

    Finally, LM-2s are on the Internet!!
    At long last, the Dep't of Labor unveiled June 3 its Internet disclosure system for unions' annual financial reports, such as the LM-2 form. The website, http://www.dol.gov/olms/regs/compliance/rrlo/lmrda.htm, allows easy access to union financial reports maintained by DOL's Office of Labor-Mgmt. Standards. Union members, investigative journalists, non-incumbent union candidates, employers, and anyone else may now view, via the Internet, the union reports and conduct data searches free of charge.

    "What used to take weeks will now take seconds. It's a major breakthrough for holding unions and union bosses accountable," said NLPC Chairman Ken Boehm, commenting on the difficult process of securing copies of union annual reports, at the cost of the copies, from DOL before the new website became accessible. "It's free and you don't have to drive to to your local DOL office to see these reports. This will be a great resource for union members and anyone else wishing to keep track of the shenanigans that go on within unions. I encourage everyone to log on to DOL's new site today," said Boehm. "You never know what kind of corruption you might find."

    The Labor-Mgmt. Reporting & Disclosure Act of 1959 and the Civil Service Reform Act of 1978 require certain union reports to be filed with DOL. Individuals can view and print copies of actual union annual financial reports (for year 2000 and later) in pdf format. These reports are searchable by a variety of criteria, including union name and location. The site also features a powerful union data search system. Step-by-step instructions guide users through selecting the unions to be included in the search, the time period covered by the search, which data will appear on the resulting listings, and how the data will be sorted. Users may also conduct searches on union officers and employees, either by union or by the name of the officer or employee. [DOL 6/3/02]

    "The Bush Labor Department deserves a lot of praise for finally opening this website to the public. Congress has appropriated funds for this website since at least 1997, but the Clinton Labor Department routinely missed deadlines and delayed. This is the first step toward improving union integrity; hopefully the Bush Labor Department is up to the next challenge of improving the union annual report forms themselves," added Boehm. In May 2002, NLPC filed a petition with DOL proposing ways to better protect the integrity of union treasuries and make unions more accountable to members.