Background

The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959 seeks to protect the integrity of unions. It sets forth a number of reporting requirements for unions and their affiliates, it establishes the procedures that must be followed for union official elections, and it prescribes a union member's "bill of rights." As part of the election procedure requirements, the LMRDA details the rules that candidates must followe in conducting their campaigns for office. This article summarizes the main campaign rules of the LMRDA. Unions may set forth even stricter rules in their bylaws and constitutions.

LMRDA Election Campaign Rules

Use of Union Funds

The LMRDA prohibits unions from using money collected through dues or assessments to promote the candidacy of one particular person. Employers may also not contribute money to support any person's campaign for office. Unions may use their funds, however, to:

• Provide required notices to union members of upcoming elections,
• To create factual statements of issues not tied to certain candidates, and
• To pay election expenses.

Inspection of Membership Lists

The LMRDA provides that each candidate for union office is entitled to inspect the union's membership lists, including the names and addresses of members, if there is a provision in the collective bargaining agreement requiring all employees to be members of the union. The candidate does not have the right to copy the list, and may only inspect the lists once in the 30-day period preceding the union election. Unions may also not discriminate among candidates in regulating their rights to use the membership lists. For example, if a union allows one candidate to copy the lists, it must allow all candidates to copy the lists.

Distribution of Literature

A union must honor all reasonable requests by a candidate to distribute campaign literature to its members, provided that the distribution is conducted at the expense of the candidate. The union may not censor the literature that is distributed. Furthermore, the union may not discriminate among candidates in regulating the distribution of campaign literature.

General Prohibitions

The LMRDA generally prohibits unions from using any union resources to support one candidate over another. It also requires unions to allow all candidates to have the benefit of the same facilities and campaign procedures. For example, a union may sponsor a debate among candidates, but not if the debate does not include all candidates for a particular office. It may also, for example, allow candidates to state their positions in a union newspaper. Not, however, if it does provide equal space to all candidates.

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