§ 411. — Bill of rights; constitution and bylaws of labor organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC411]
TITLE 29--LABOR
CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER II--BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS
Sec. 411. Bill of rights; constitution and bylaws of labor
organizations
(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 assessments
Except 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, Sec. 101, Sept. 14, 1959, 73 Stat. 522.)
