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Union Rules

 

There are two things unions want you to believe:

 

1.  The union is not an outside third party that comes between you and your leadership; "you are the union."

 

2.  As a union member, you'll be in control of what the union does.

 

Neither of these statements is true. 

 

Here are some examples from union web sites:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Do unions ever fine their members for breaking union rules?  

 

Frequently -- particularly for crossing a picket line and working during a strike.

 

  • Three United Steelworker members of Local 2 in Akron, Ohio, were each fined $625 when they crossed a USW picket line to work during a strike.  Another member was fined $2,500 when she refused to walk off her job during a strike.  Still another crossed the union’s picket line and worked during a 50-week strike, and was fined $40,000.00. 

 

  • A Honeywell nuclear assembly worker was fined $7,361.36 by the International Association of Machinists Local Lodge 778 for continuing to work during a strike.

 

  • Three workers at Caterpillar were fined $15,564.00, $11,938.00 and $21,558.00 by the International Association of Machinists based on 60% of the wages they earned by crossing the picket line.

 

  • One member was fined $250,000.00 for posting a web site critical of the International Brotherhood of Electrical Workers.  He successfully fought the fine with the assistance of the National Right to Work Foundation.  To learn more, click here.  To see the member's web site about the IBEW, click here.

 

What happens if you don't want to pay a fine?  The union can take you to court and force you to pay.  For example, the IAM Constitution says: “The cost of litigation arising from charges against a member by reason of such liabilities shall constitute a legal debt payable by such member.” (Article F, Sec. 1, p. 121).  In other words, you would have to  pay both the fine and the court costs!

 

 

 

What about elections of union officers?

 

Because of all the privileges they enjoy (and in many cases, the money they make), many union officials want to stay in power.  So when elections are held, union officials sometimes try to be sure they win by doing things that aren't quite proper.  Here are just a few examples reported by the Department of Labor (DOL) and the Office of Labor-Management Standards (OLMS):

 

  • The DOL found that United Steelworkers of America Local 1104 in Lorain, Ohio had "applied an unreasonable meeting attendance requirement which disqualified more than 95 percent of the members from running for elected office and resulted in only one contested race."   The Department supervised new nominations and a new election.  

 

  • The DOL found that United Steelworkers of America Local 1190-S in Steubenville, Ohio also had "imposed an unreasonable meeting attendance requirement which disqualified more than 96 percent of members from running for office" and "improperly disqualified one candidate who met the requirement."  The Department supervised new nominations and a new election.

 

  • The DOL found that the Business Manager of the International Brotherhood of Electrical Workers Local 82 in Dayton, Ohio used union equipment to create campaign literature, send campaign-related Facebook messages to union members using union equipment, and used a union vehicle to transport campaign materials in his campaign for reelection.  The Department conducted a new election for the office of business manager.

 

  • The Office of Labor-Management Standards (OLMS) found that the International Association of Machinists District Lodge 142 in Kansas City, Mo. failed to provide members proper notice of election when it mailed the election notice in the union newsletter more than six months prior to the June 2014 balloting.  A new election for eleven officer positions was conducted under OLMS supervision. 

 

  • The OLMS found that Machinists District Lodge 141 in Elk Grove Village, Ill. mailed an election notice to members that contained incorrect information about the location, polling hours, and dates of local lodge elections, and that a candidate’s reasonable requests for distribution of campaign literature at the candidate’s expense were denied.  A new election was ordered.


Elections for officers of International Unions also have been problematic.  For example, the Department of Labor ruled to uphold a complaint by a member of the International Association of Machinists that the IAM violated the democratic rights of members by preventing a competitive union election for president and other top offices in 2013.  When the Labor Department ordered a new election, a well-known IAM representative who had worked for the IAM for more than 20 years stepped forward to run against President Thomas Buffenbarger-- and was promptly fired.  Not surprisingly, all of the incumbent officers were re-elected.  To learn more, click here. 

 

 

To see a more complete list of union elections that were overturned, click here to go to the Office of Labor-Management Standards web site, then look at the "Civil Enforcement Actions" and "Voluntary Compliance Agreements" listed for each year. 

Utility Workers Union of America:

United Steelworkers union:

International Brotherhood of Electrical Workers:

International Association of Machinists:

How do you find a union's Constitution?

 

The United States Department of Labor asks unions to file a copy of their current Constitutions, and these are available to the public.  Click here to go to the DOL web site.  Use the drop-down menu for the box labeled "Union name by abbreviation" to find the union you're interested in, and use the drop-down menu in the "union type" box to select "international."  Then click the "submit" button at the bottom of the page.  When the union's report page comes up, click on the name of the union (not the date of the "Fiscal Year" report), and when the page listing all the union's reports shows, scroll to the bottom to find the union's most recent Constitution.

 

The Constitutions of these and other unions say it's the union, not the members, that's in charge.  Here are a few examples:

 

1.  Members must obey the union and its officers.

 

Machinists:  “It is the obligation and responsibility of every member…to comply with the provisions of this Constitution and the decisions of the Grand Lodge officers.” (Article I, Sec. 3, p. 2)

 

United Mine Workers:  “Every member shall have the obligation to faithfully obey the provisions of the International Constitution and the bylaws of their Local Union..."  (Article 12, Section 2, p. 98)

 

IBEW:  Applicants for membership must "repeat and sign" this statement:  "I, [give name], in the presence of members of the International Brotherhood of Electrical Workers, promise and agree to conform to and abide by the Constitution and laws of the IBEW and its local unions." (Article 19, Section 3, p. 66)

 

UWUA:  New members must take this pledge:  "I, _________, sincerely promise on my honor, that I will abide by the Constitution and Bylaws of the Utility Workers Union of America, AFL-CIO..."  

 

Steelworkers:  New members must raise their right hand and take this pledge:  "I do sincerely promise, of my own free will, to abide by the laws of this Union..."  (Initiation of New Members, p. 84).

 

2.  Members can be punished for breaking union rules.  

 

Most union Constitutions have a long list of violations for which members can be punished.  Possible punishments include being fined or suspended from the union.  Here are a few examples of some union's rules:

 

Machinists:

  • Refusal or failure to perform any duty or obligation imposed by this Constitution; the established policies of the I.A.M.; the valid decisions and directives of any officer or officers thereof [members must obey union officers and rules]

  • Accepting employment in any capacity in an establishment where a strike or lockout exists as recognized under this Constitution…  ["scabs" can be punished]

  • Members shall discourage the working of overtime [the union would rather have the company hire more dues-paying members than have you make overtime pay]

  • Members entering the Local Lodge room while under the influence of intoxicating drinks, or who are guilty of using indecent or profane language therein, shall be subject to penalty of reprimand, fine, suspension or expulsion...

 

United Mine Workers:

  • Every member shall have the obligation to remain loyal to the International Union, the District, and the Local Union of which they are a member... ["remain loyal" is so general that almost anything can be judged to be a violation] 

  • Every member shall have the obligation to support all strikes authorized by the International Union, and to observe all picket lines endorsed by the International Union [members could be fined for crossing the picket line of any union the International supports]

 

IBEW:

  • Violation of any provision of this Constution and the rules herein, or the bylaws, working agreements, or rules of a Local Union  [members need to be aware of and follow all the rules]

  • Having knowledge of the violation of any provision of this Constitution, or the bylaws or rules of a Local Union, yet failing to file charges against the offender or to notify the proper officers of the Local Union  [members can be punished for not reporting other members who break union rules.  Is that "solidarity?"]

  • Working for any individual or company declared in difficulty with a Local Union or the IBEW, in accordance with this Constitution [even if there's no strike, members can't work for any employer the union declares to be "in difficulty"]

  • Disturbing the peace or harmony of any Local Union meeting or meeting of its Executive Boad, using abusive language, creating or participating in any disturbance, drinking intoxicants, or being intoxicated, in or around the office or headquarters of a Local Union. [what does "disturbing the peace and harmony" include besides drinking and swearing?] 

 

UWUA (rules are contained in local union bylaws):

  • Violation of any specific provision of the National Constitution or By-Laws or failure to perform any of the duties specified there under [members must do what the union tells them to do in addition to following union rules]

  • Violation of the oath of loyalty to the System Local Union and the National Union [this is so general that it could be almost anything]

  • Abuse of fellow members and officers by written or oral communication [who decides what "abuse" is?  The fellow member or officer?]

  • Crossing an authorized picket line established by the member's System Local Union or any other subordinate body affiliated with the National Union, including a District

 

Steelworkers:

  • Violation of any of the provisions of this Constitution, any collective bargaining agreement, or by-laws or rules of the Local Union [membes must know and follow all of the union's rules]

  • Advocating or attempting to bring about the withdrawal of the International Union of any Local Union or any member or group of members [trying to get rid of the union is against union rules and cause for punishment]

  • Slandering or willfully wronging a member of the International Union

  • Using abusive language or disturbing the peace or harmony of any meeting in or around any office or meeting place of the international union

 

After reviewing the facts, one thing should be very clear:

 

It is NOT the members who are in charge of any union.

 

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