Member Rights

About Member Rights Union Member Rights and Officer Responsibilities.

The LMRDA The Labor-Management Reporting and Disclosure Act (LMRDA) guarantees certain rights to union members and imposes certain responsibilities on union officers to ensure union democracy, financial integrity and transparency.

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Weingarten Rights

Three Decades of Union Representation Weingarten Rights. Most union members have heard this term. Many shop stewards have the right to protect their members because of it. But what is the origin of these rights? What lies behind one of the most significant labor law rulings in recent history? For thirty years, Weingarten has been an often-used word in the vocabulary of union advocates. Read more Discrimination Civil Rights Act of 1964. Title VII prohibits racial discrimination, including bias on the basis of ancestry or ethnic characteristics such as skin color and facial features.

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Equal Employment Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against workers who are 40 years of age or older.

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Disability Rights

The Rehabilitation Acts of 1973 and 1974, and the American Disabilities Act of 1990 There are several federal laws prohibiting discrimination against individuals with disabilities.

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Family Care The Family and Medical Leave Act of 1993 (FMLA)

The FMLA was passed to balance the demands of the work place with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity. The FMLA is enforced by the Wage and Hour Division of the Department of Labor.

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The Law

State Law Coverage Many states have enacted their own fair employment practices laws. Many of these states have prohibitions against discrimination based on race, color, religion, sex, national origin, age, physical or mental disabilities. Other state laws prohibit additional types of employment discrimination such as discrimination because of arrest record, political affiliation, marital status, sexual orientation, color blindness and unfavorable military discharge. Additionally, legislation regulating the employment of immigrants has also been enacted by some states.

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Union Duty of Fair Representation

The National Labor Relations Act imposes upon unions, as exclusive representative, a general duty to represent all members of the bargaining unit fairly. In addition to the civil rights laws, the union violates its duty of fair representation by discriminating on the basis of race, color, religion, sex, national origin, disability or age when acting in it s representative capacity. The duty of fair representation also requires that the union register its opposition to, and attempt to eradicate, any discriminatory practices which come within the scope of its collective bargaining agreement or negotiating powers.

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