How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

LMRDA Related Legal Questions

The Labor-Management Reporting and Disclosure Act (LMRDA) regulates certain aspects of internal union affairs by guaranteeing rights to union members and imposing responsibilities on union officers. The Act sets forth guidelines for union officer elections, and it provides safeguards for protecting funds and assets by requiring unions to disclose their structure and financial condition. Employees whose rights are directly affected by agreements with the union may seek remedial action under the LMRDA.

Below are some of the top questions on the provisions of the Act answered by legal experts.

What is the statute of limitations in the right to sue a union and employer under LMRDA and Fair Labor Standards Act (FLSA)? Would I have to sue both employer and union in the same charge?

The statute of limitations for any claim under the LMRDA is 6 months (180 days), and for claims involving back pay or unpaid wages, it is two years from the date of the violation. Since both the LMRDA and the FLSA are enforced by the U.S. Department of Labor (DoL), you may file a claim with the DoL. If you believe you have incurred damages because of violations of either of these federal statutes, as a private citizen you have the right to file a suit in the Federal Court.

Also, one is not required to file a claim against both the employer and the union at the same time, though some people do so to save time and expenses in both court fees and attorney fees. If you sue separately, it is the court’s discretion to join both claims.

The president of the private company I work for is refusing to show the members of our union the by-laws of our local contract. How can we legally procure the by-laws?

Since the LMRDA is a federal statute that regulates internal union affairs, section 104 of the Act gives you the right to acquire a copy of any collective bargaining agreement that you, as a member or employee, have negotiated with your local labor organization. If any union member believes that a labor organization has violated his rights under section 104, he may approach the Office of Labor-Management Standards (OLMS) field office in whose jurisdiction the union is located.

Our retirement age is being extended because the pension plan of our company lost over $28 million to a fraudulent scheme. Can my pension money be protected through the fiduciary responsibilities of my own union?

Under the LMRDA, the union comprised primarily of private sector employees has certain fiduciary duties with regard to disclosure of assets and financial management of a union, where non-performance may result in a lawsuit.

In your case, you may contract an employment attorney and consider a federal lawsuit under the LMRDA for both damages and class action depending on the number of employees affected.

The union is not helping me change my seniority day. Who can I approach for help?

The LMRDA gives each union member the right to review the collective bargaining agreement as well as the right to file a civil suit. Here, you have the right to review how seniority is being calculated and may be able to force the union to comply with the written requirement if you are not fully credited for seniority. The DoL website gives more information on the Union Member's Bill of Rights.

The LMRDA has several provisions to safeguard the interests and rights of union members including procedure for removal of a union officer if found guilty of misconduct. The OLMS administers and enforces provisions of the LMRDA to prevent corrupt practices by labor unions and violations of the Act. It also helps unions improve their organizational and administrative effectiveness. If you are a member of your local union, it is best to speak to a legal expert to get an insight into the provisions of the LMRDA.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21094
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21094
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18361
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8469
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3821
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3289
    DVM, Emergency Veterinarian, BS (Physiology)