29 U.S.C. § 411

Bill of rights; constitution and bylaws of labor organizations

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(a)(1) Equal rights

Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings, and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization’s constitution and bylaws.

(2) Freedom of speech and assembly

Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization’s established and reasonable rules pertaining to the conduct of meetings: Provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations.

(3) Dues, initiation fees, and assessmentsExcept in the case of a federation of national or international labor organizations, the rates of dues and initiation fees payable by members of any labor organization in effect on September 14, 1959 shall not be increased, and no general or special assessment shall be levied upon such members, except—(A) in the case of a local labor organization, (i) by majority vote by secret ballot of the members in good standing voting at a general or special membership meeting, after reasonable notice of the intention to vote upon such question, or (ii) by majority vote of the members in good standing voting in a membership referendum conducted by secret ballot; or(B) in the case of a labor organization, other than a local labor organization or a federation of national or international labor organizations, (i) by majority vote of the delegates voting at a regular convention, or at a special convention of such labor organization held upon not less than thirty days’ written notice to the principal office of each local or constituent labor organization entitled to such notice, or (ii) by majority vote of the members in good standing of such labor organization voting in a membership referendum conducted by secret ballot, or (iii) by majority vote of the members of the executive board or similar governing body of such labor organization, pursuant to express authority contained in the constitution and bylaws of such labor organization: Provided, That such action on the part of the executive board or similar governing body shall be effective only until the next regular convention of such labor organization.(4) Protection of the right to sue

No labor organization shall limit the right of any member thereof to institute an action in any court, or in a proceeding before any administrative agency, irrespective of whether or not the labor organization or its officers are named as defendants or respondents in such action or proceeding, or the right of any member of a labor organization to appear as a witness in any judicial, administrative, or legislative proceeding, or to petition any legislature or to communicate with any legislator: Provided, That any such member may be required to exhaust reasonable hearing procedures (but not to exceed a four-month lapse of time) within such organization, before instituting legal or administrative proceedings against such organizations or any officer thereof: And provided further, That no interested employer or employer association shall directly or indirectly finance, encourage, or participate in, except as a party, any such action, proceeding, appearance, or petition.

(5) Safeguards against improper disciplinary action

No member of any labor organization may be fined, suspended, expelled, or otherwise disciplined except for nonpayment of dues by such organization or by any officer thereof unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.

(b) Invalidity of constitution and bylaws

Any provision of the constitution and bylaws of any labor organization which is inconsistent with the provisions of this section shall be of no force or effect.

(Pub. L. 86–257, title I, § 101, Sept. 14, 1959, 73 Stat. 522.)

Notes of Decisions

Cited in 1,538 cases (81 in the last 5 years), 1960–2026 · leading case: Local No. 82, Furniture & Piano Moving, Furniture Store Drivers, Helpers, Warehousemen & Packers v. Crowley

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Local No. 82, Furniture & Piano Moving, Furniture Store Drivers, Helpers, Warehousemen & Packers v. Crowley (1984) scotus · cites it 14× “As we have previously noted: "Congress adopted the freedom of speech and assembly provision [§ 101(a)(2), 29 U. S. C. § 411 (a)(2)] in order to promote union democracy.”

Hall v. Cole (1973) scotus · cites it 14× “" After exhausting his intra-union remedies, respondent filed this suit under § 102 of the LMRDA, claiming that his expulsion under these circumstances violated his right of free speech as secured by § 101 (a) (2) of the Act, 29 U. S. C. § 411 (a) (2). [2] On May 27, 1964, the…”

Crowley v. Local No. 82, Furniture & Piano Moving, Furniture Store Drivers, Helpers, Warehousemen, & Packers (1981) mad · cites it 55× “On January 30, 1981, plaintiffs filed a “Motion to Amend Complaint to Conform to the Evidence,” 5 which sought to add claims that since September 1976 defendants had increased union dues without complying with 29 U.S.C. § 411 (a)(3), and that defendants had violated the equal…”

Finnegan v. Leu (1982) scotus · cites it 9× “Petitioners filed suit in the United States District Court, alleging that they had been terminated from their appointed positions in violation of the Labor-Management Reporting and Disclosure Act, 29 U. S. C. §§ 411 (a)(1), 411(a)(2), 412, and 529.”

Alex Corns v. Laborers International Union (2013) ca9 · cites it 29× “166 (“Local 166”), filed this lawsuit under § 101(a)(3) of the Labor-Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. § 411 (a)(3), to challenge the legality of an organizing fee and a dues increase imposed on Local 166 members by the local union’s umbrella labor…”

Breininger v. Sheet Metal Workers International Ass'n Local Union No. 6 (1989) scotus · cites it 8× “), by discriminating against him in job referrals made by the union hiring hall; and second, whether the union's alleged refusal to refer him to employment through the hiring hall as a result of his political opposition to the union's leadership gives rise to a claim under §§…”

Edward Lynn v. Sheet Metal Workers' International Association and Local No. 75 of the Sheet Metal Workers' International (1986) ca9 · cites it 10× “,” 29 U.S.C. § 411 (a)(1), and also the right “to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon .”

Hester v. International Union of Operating Engineers (1987) ca11 · cites it 15× “He alleged three causes of action: (1) the fine that IUOE and Local 660 imposed, and Local 320’s refusal to accept his dues, were disciplinary actions in violation of the safeguards against improper disciplinary action provided by the Labor-Management Reporting and Disclosure…”

Gilvin, Ron v. Fire, Edward (2001) cadc · cites it 10× “” 29 U.S.C. § 411 (a); see id. §§ 411-15. Gilvin alleged that, in suspending him from office, the defendants had violated his rights: (i) to free expression, under § 101(a)(2), because the suspension was imposed in retaliation for his criticizing the defen *755 dants; 5 (ii) to…”

Manuel M. Fernandez-Montes v. Allied Pilots Association, Fred Vogel, and C.R. Paty (1993) ca5 · cites it 5× “3 The union members’ bill of rights, 29 U.S.C. § 411 , provides union members with a “right to participate,” which includes the right to attend union meetings open to the entire membership.”

Kovach v. Turner Dairy Farms, Inc. (2013) pawd · cites it 13× “Plaintiff brings Counts I and II under the Labor-Management Reporting and Disclosure Act (“LMRDA”), 29 U.S.C. §§ 411 , 501. Counts III, IV, V, and VI allege state law tort claims for Interference with Contractual Relations and Economic Opportunities, Negligent Supervision and…”

International Union UAW v. National Right to Work Legal Defense & Education Foundation, Inc. (1977) dcd · cites it 25× “alleged as a counterclaim, and for all practical purposes by way of defense to Count I, that in spite of the facts deemed established by the Court pursuant to Rule 37, plaintiffs’ claim for relief in Count I is barred by the fact that the statutory provision upon which that…”

Show all 1,538 citing cases →

— 29 U.S.C. § 411(a) — 35 cases

Anthony Tomko v. Paul Hilbert and Michael Kreheley (1961) ca3

Holdeman v. Sheldon (1962) nysd

Nicholas Mamula v. United Steelworkers of America, an Unincorporated Labor Union, and I. W. Abel, International Secretar (1962) ca3

Fruit and Vegetable Packers and Warehousemen Local 760, and James Farrington v. Terry C. Morley, Vincent Kuntz and Lumin (1967) ca9

Sawyers v. Grand Lodge, International Ass'n of MacHinists (1967) moed

— 29 U.S.C. § 411(a)(1) — 2 cases

Daniel A. George v. Local Union No. 639, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of A (1996) cadc

Johnson v. Kay (1988) ca2

— 29 U.S.C. § 411(a)(2) — 7 cases

Daniel A. George v. Local Union No. 639, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of A (1996) cadc

Knight v. International Longshoremen's Ass'n (2005) ded

Rumore v. Belk (1995) dcd

Mayle v. Laborer's International Union of North America (1987) ohnd

Laborers Union Local No. 324 v. National Labor Relations Board (1997) ca9

— 29 U.S.C. § 411(a)(4) — 2 cases

Eisman v. Baltimore Reg. Joint Bd. of Amal. Cloth. Wkrs. (1972) mdd

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. National Right to Work (1974) dcd

— 29 U.S.C. § 411(a)(5) — 5 cases

Maurer v. International Brotherhood of Electrical Workers, Local 569 (2016) casd

Forrest G. English and Robert M. Owens v. William J. Cowell, Donald Siddens, Charles J. Connor (1992) ca7

Eisman v. Baltimore Reg. Joint Bd. of Amal. Cloth. Wkrs. (1972) mdd

Schonfeld v. Penza (1973) ca2

Marshall v. American Federation of Government Employees (1998) okwd

— 29 U.S.C. § 411(a)(5)(C) — 1 case

Yager v. Carey (1995) dcd

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