Lubin & Enoch, PC provides advice to labor organizations and, when necessary, handles investigations and litigation arising from alleged violations of the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”) , 29 U.S.C. § 401, et seq., § 302 of Labor Management Relations Act of 1947 (“Taft-Hartley Act”), as amended, 29 U.S.C. § 186, and related laws.
The LMRDA was enacted primarily to ensure basic standards of democracy and fiscal responsibility in labor organizations representing employees in private industry and the U.S. Postal Service. The LMRDA establishes:
- A Bill of Rights for union members;
- Requirements for reporting and disclosure of financial information and administrative practices by labor unions;
- Requirements for reporting and disclosure by employers, labor relations consultants, union officers and employees, and surety companies, when they engage in certain activities;
- Rules for establishing and maintaining trusteeships;
- Standards for conducting fair elections of union officers; and
- Safeguards for protecting union funds and assets.
Similarly, § 302 of the Taft-Hartley Act punishes the delivery and receipt, respectively, of things of value paid by employers and persons acting in the interest of employers to representatives of employees and labor union officials in industries whose labor-management relations are subject to the jurisdiction of the National Labor Relations Board.
Lubin & Enoch, PC has extensive experience providing counsel to union officers and labor organizations regarding their compliance with these provisions and, when necessary, interacting with the U.S. Department of Labors Office of Labor-Management Standards with respect to both civil and criminal investigations of alleged violations of the LMRDA. While in the vast majority of instances union officers act in accordance with their fiduciary obligation to the membership, Lubin & Enoch, PC has, on several occasions, successfully pursued legal actions against union officers for embezzlements of union funds.
In addition, Lubin & Enoch, PC has a great deal of familiarity with the internal rules governing operations of labor organizations. Our knowledge of the constitutions and bylaws governing a myriad of labor organizations, as well as parliamentary procedure, puts us in a unique position to help our union clients function more efficiently and provide the tools for union officers and members to participate in any assembly with confidence.
Lubin & Enoch, PC has also successfully pursued lawsuits against union members who have been fined by their labor organizations for having violated the terms of their membership in the labor organization.