SMOKING IN UNION FACILITIES
Access to union facilities by members is governed by the Labor‑Management Reporting and Disclosure Act of 1959 (LMRDA) and the National Labor Relations Act (NLRA).
Under the NLRA, the Supreme Court has held that “membership in a labor organization” includes not only enrollment in the union but also participation in union activities. See Radio Officers’ Union v. NLRB, 347 U.S. 17, 40, 74 S.Ct. 323, 98 L.Ed.2d 455 (1954); in accord Local 1384, Union Auto Workers Union v. N.L.R.B., 756 F.2d 482, 487 (7th Cir. 1985).
Therefore, a union member who is denied access to a union hall or facility because union officials refuse to ban smoking should allege that he or she is being denied the right to participate in union affairs and that union officials are “discouraging membership in a labor organization” in violation of the Labor‑Management Reporting and Disclosure Act and the National Labor Relations Act.
Labor‑Management Reporting and Disclosure Act
29 U.S.C. § 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 …
National Labor Relations Act
29 U.S.C. § 157, Right of employees as to organization, collective bargaining, etc.
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, …
29 U.S.C. § 158, Unfair labor practices
(b) Unfair labor practices by a labor organization
It shall be an unfair labor practice for a labor organization or its agents—
(1) to restrain or coerce
(A) employees in the exercise of the rights guaranteed in section 157 of this title: …
However, union members should be aware of the exhaustion of union remedies requirement in the Labor‑Management Reporting and Disclosure Act.
29 U.S.C. § 411(a)(4), Exhaustion of union remedies
29 U.S.C. § 441(a)(4) provides that any member of a labor organization may be required to exhaust reasonable hearing procedures with the labor organization, for a period not to exceed four months, before instituting legal or administrative proceedings against the organization or any officer thereof.
The Supreme Court explained the exhaustion requirement in detail in Clayton v. United Auto Workers Union, 451 U.S. 679, 683, 687-95, 101 S.Ct. 2088, 68 L.Ed.2d 538 (1981).
The procedure that a union member should use to satisfy the exhaustion requirement will be in the constitution of his or her international union. If union officials refuse to ban smoking in the union facility, the member should bring charges against the officials using the procedure for bringing charges against members in the constitution.
The union member should allege that he or she is being denied the right to participate in union affairs and that union officials are “discouraging membership in a labor organization” in violation of the Labor‑Management Reporting and Disclosure Act and the National Labor Relations Act.
The above procedure resulted in the union attorney ordering a local union to ban smoking in a local union facility in Missouri.
The statutes and regulations cited above can be accessed at http://www.law.cornell.edu
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