Olms interpretative Manual
Download 317.29 Kb.
|
NA9OKN9N8WdmVPlg861
- Bu sahifa navigatsiya:
- TRUSTEESHIPINGENERAL
TRUSTEESHIPINGENERAL300.001LMRDA, SECTION3(h) “TRUSTEESHIP” means any receivership, trusteeship, or other method of supervision orcontrolwherebyalabororganizationsuspendstheautonomyotherwiseavailabletoasubordinatebodyunder its constitution or bylaws. See 29CFR 400.1(b). 300.003HISTORICAL NOTE Thepracticeofimposingtrusteeshipsbyunionsdatesbacktothe19thcentury,butwasextremelyrare until the development ofstrong national unions. During hearings of the McClellan Committee it was disclosed that the power to imposetrusteeship was used sometimes for the purpose of “milking” local treasuries or undemocraticallycontrollingvotestoperpetuate power.Inthe secondandthird yearsoftheMcClellan Committeehearings, legislation was proposed containing provisions to correct abuses through enforcementmeasures. Provisions covering trusteeships were enacted as Title III of the Labor-ManagementReporting and Disclosure Act of 1959 (Public Law 86-257) on September 14, 1959.This titleprescribes conditions under which trusteeships may be established and continued.It requiresreporting and public disclosure of their stewardship by any labor organization, makes it a crimeeither to count the votes of delegates of the trusteed union unless democratically elected, or totransferfundstothesupervisory body,andprovidesredressfor theunionmemberorsubordinatebodyeitherdirectlyin court orthrough the Secretaryof Labor. The discussions and committee deliberations in Congress recognized that uniontrusteeships, although sometimes used to control subordinated organizations illegally, most oftenareusedtoprovideassistancetosubordinatesin difficulties,toassistinmaintenanceandstability,andto promote ratherthan stifle union democracy. The Department’s administration of Title III has been guided by an awareness of theseCongressionally noted facts.Therefore, the Department emphasizes voluntary compliance andprovides technical assistance to unions in their efforts to comply with the law.However,trusteeshipviolationshavebeeninvestigatedthoroughlytoinsurethatthelawisbeingcompliedwith. UnionTrusteeships: a Reportto Congress, page5. See also Union Trusteeships: A Report to Congress, published by the Department of Labor,pursuanttoLMRDA, Section 305. (TheSecretaryshall submittoCongress attheexpiration ofthreeyears fromthedate ofenactmentof this Act a report uponthe operationof this title.) (TechnicalRevisions: Jan. 2001) Download 317.29 Kb. Do'stlaringiz bilan baham: 
|