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单词 landrum-griffin act
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Landrum-Griffin Act


Landrum-Griffin Act,

1959, passed by the U.S. Congress, officially known as the Labor-Management Reporting and Disclosure Act. It resulted from hearings of the Senate committee on improper activities in the fields of labor and management, which uncovered evidence of collusion between dishonest employers and union officials, the use of violence by certain segments of labor leadership, and the diversion and misuse of labor union funds by high-ranking officials. The act provided for the regulation of internal union affairs, including the regulation and control of union funds. Former members of the Communist party and former convicts are prevented from holding a union office for a period of five years after resigning their Communist party membership or being released from prison. Union members are protected against abuses by a bill of rights that includes guarantees of freedom of speech and periodic secret elections. Secondary boycotting and organizational and recognition picketing (i.e., picketing of companies where a rival union is already recognized) are severely restricted by the act. In the field of arbitration, an amendment to the Taft-Hartley Labor Act (1947) written into this 1959 act authorized states to process cases that fall outside the province of the National Labor Relations Board. Organized labor has, in general, opposed the act for strengthening what they consider the antilabor provisions of the Taft-Hartley Labor Act.

Landrum-Griffin Act

 

(Labor-Management Reporting and Disclosure Act of 1959), a law passed in the USA on Sept. 14, 1959, pushed by the monopoly circles and aiming at weakening the trade unions and establishing control over them.

The Landrum-Griffin Act strengthens government interference in the internal affairs of the trade unions (it regulates the system of setting membership dues, holding elections, imposing disciplinary penalties, and so on) and compels the trade unions to present detailed accounts on all officers and their earnings, on the trade union bylaws, and on revenue and expenditures. The secretary of labor has the right to conduct an investigation against a trade union if the bylaws or the election procedures have been violated.

The Landrum-Griffin Act substantially curtails the ability of the trade unions to defend the economic interests of the working people: it prohibits certain types of picketing, including those aimed at the recognition of a trade union if the union is not registered with state agencies, and it completely prohibits the secondary boycott, which is an instrument of solidarity with strikers and a means of exerting pressure on the entrepreneurs. These provisions expand the entrepreneurs’ opportunities for disrupting strikes and erecting obstacles to the growth of trade union membership, and they even threaten collective bargaining itself. Violation of the statute is punishable by a fine of $10,000 or a prison term of up to one year.

Landrum-Griffin Act


Landrum-Griffin Act

The Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.A. § 401 et seq.), commonly known as the Landrum-Griffin Act, is an important component of federal Labor Law. The act was named after its sponsors, Representative Phillip M. Landrum of Georgia and Senator Robert P. Griffin of Michigan. The provisions of Landrum-Griffin seek to prevent union corruption and to guarantee union members that unions will be run democratically.

The act resulted from a highly publicized investigation of union corruption and Racketeering chaired by Senator john l. mcclellan of Arkansas. The Senate Select Committee on Labor and Management Practices, popularly known as the McClellan Committee, was created in 1957 in large part because of the perception that the Teamsters Union was corrupt and under the influence of Organized Crime. The McClellan Committee's investigation revealed that officials of the Teamsters Union and other groups had taken union funds for private use and that the union was clearly linked to organized crime. One result of the probe was the expulsion of the Teamsters and two other unions from the american federation of labor and congress of industrial organizations (AFL-CIO). The AFL-CIO is the largest U.S. labor organization, a federation of autonomous labor unions that is dedicated to enhancing and promoting unionism.

The other result was the passage of the Landrum-Griffin Act. To prevent abuses and acts of oppression, the act attempts to regulate some internal union affairs and provides for reporting to the government on various union transactions and affairs. Senator john f. kennedy of Massachusetts was instrumental in inserting title I of the act (29 U.S.C.A. § 411 et seq.), which has been dubbed the union bill of rights. Title I mandates Freedom of Speech and assembly in the conduct of union meetings, equality of rights regarding voting in elections, the nomination of candidates, and attendance at meetings. A secret ballot is required for voting on increases in dues or assessments. In regard to disciplinary actions, a member must be given written charges, time to prepare a defense, and a fair hearing. The act also guarantees that a member will not be subject to union discipline for attempting to exercise statutory rights. A member must have access to union financial records and has the right to recover misappropriated union assets on behalf of the union when the union fails to do so.

Title II (29 U.S.C.A. § 431 et seq.) deals with the management and reporting of union finances, a particular area of concern for Congress in the wake of the Teamsters Union's misappropriation of funds. The act requires unions to have constitutions and bylaws and to file copies of both with the U.S. secretary of labor. They must file reports that show dues, fees, and assessments; qualifications for membership; financial auditing; and authorization for the disbursement of funds and other types of spending. Unions must also file financial reports that show assets and liabilities at the beginning and end of the fiscal year, receipts, salaries, expense reimbursements, and loans to any officer, employee, member, or business enterprise. Officers and employees of unions may be required to disclose in written reports any personal financial interests that may conflict with duties owed to union members and any transactions or business interests that would present a conflict of interest with union duties.

The act also has provisions that apply when a labor organization suspends the autonomy of a union local and places the local or another unit under a trusteeship. This provision addresses a concern that corrupt national union leaders may take over control of union locals to maintain power. The law provides the conditions under which a trusteeship may be imposed and certain restrictions under which it may operate.

Landrum-Griffin also addresses the personal responsibility and integrity of union officers and representatives. Under the act, officers and representatives are held to common-law principles of trust relationships through express provisions that they occupy positions of trust in relation to the organization and its members as a group. This means that persons in union leadership positions must act in the best interests of the union. If a union official acts for personal gain, the official can be held accountable for breach of duty. Embezzlement of union funds is a federal offense under the act. And persons who have been convicted of certain specified crimes are barred from serving as union officers, agents, or employees for five years after being released from prison.

The Landrum-Griffin Act provides the tools for union democracy, but it also provides greater government control over union affairs previously believed to be the province of the unions themselves.

Further readings

Boetticher, Helene. 2000. "How to Hold a Union Election and Stay Out of Trouble." Labor Law Journal 51 (winter): 219–24.

Nelson, Michael J. 2000. "Slowing Union Corruption: Reforming the Landrum-Griffin Act to Better Combat Union Embezzlement." George Mason Law Review 8 (spring): 527–86.

Landrum-Griffin Act


Landrum-Griffin Act

Legislation in the United States, passed in 1959, that required labor unions to conduct secret elections of officers on a regular basis. It also required unions to disclose their financial states to the Department of Labor. It allowed union members to seek recourse from the Labor Department or through the courts in case the Act's provisions were not followed. The Act came about as a response to substantiated allegations that organized crime had infiltrated some American unions.
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