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Law and Order

Law and Order. 66 th Quadrennial Convention Walt Disney World Dolphin Resort Orlando, Florida July 27-31, 2009. Labor ( Labour ) Laws. F. O S H A. K. P. N L R B. U. D O L. W. F L S A. J. Z. C L C. L M R A. A. N L R A. T. F M L A. X. A D A. L M R D A. Y. G. Q. E E O C.

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Law and Order

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  1. Law and Order 66th Quadrennial Convention Walt Disney World Dolphin Resort Orlando, Florida July 27-31, 2009

  2. Labor (Labour) Laws F O S H A K P N L R B U D O L W F L S A J Z C L C L M R A A N L R A T F M L A X A D A L M R D A Y G Q E E O C I R S V A D E A M E R I S A H

  3. Canadian Labour Code • Federal • Provincial

  4. National Labor Relations Act (NLRA or “Wagner Act”) • 1935 • Guaranteed workers the right to bargain collectively • Outlawed “Yellow Dog” contracts • Created Employer Unfair Labor Practices (ULP) • Created National Labor Relations Board (NLRB)

  5. National Labor Relations Board • Administers the NLRA • Consists of 5 members appointed by the President and approved by the Senate • Decides Unfair Labor Practice Charges • Supervises representation elections

  6. Labor Management Relations Act (LMRA or “Taft-Hartley Act”) • 1947 • Amended the Wagner Act • Effectively weakened Unions • Pro-employer • Established Union ULPs • Right-to-work laws

  7. Labor Management Reporting and Disclosure Act of 1959(LMRDA or “Landrum-Griffin Act”) • Governs internal Union affairs • Regulates day-to-day activities of the Unions • Created a Union member “Bill of Rights” • Established Reporting and Disclosure Requirements for Unions, Union Officers, and Employers • Amended the LMRA • Enforced by the United States Department of Labor (“DOL”)

  8. Bill of Rights • Right to nominate candidates • Right to vote • Right to collective agreements • Right to attend Union meetings • Establishes procedures for dues increases

  9. Department of Labor • Administers and enforces certain reporting and disclosure requirements of the LMRDA, including: • Unions • Officers and Employers of Unions • Employers • Labor Relations Consultants • Surety companies

  10. Union Reports • IATSE Secretary-Treasurer’s Caucus • Labor Organization Information Report • Form LM-1 • Labor Organization Annual Reports • Form LM-2: Must be filed by Unions with total annual receipts of $200,000 or more • Form LM-3: May be filed by Unions with total annual receipts of less than $200,000 • Form LM-4: May be filed by Unions with total annual receipts of less than $10,000 • Due 90 days after the end of the Union’s fiscal year • Labor Organization Officer and Employee Report • Form LM-30 • 29 C.F.R. Chapter IV, Part 404 • 29 C.F.R. §404.1 – 404.9 • IRS Form 990 • Everyone must file

  11. DOL • DOL may enforce requirements civilly and criminally, including fines and imprisonment

  12. DOL NLRB • Regulates the Union as a Union and relationship with its members • Regulates the relationship between the Union, its workers and the Employer, including Hiring Hall issues

  13. DOL • www.dol.gov • U.S. Department of Labor Employment Standards Administration Office of Labor-Management Standards 200 Constitution Avenue, N.W. Washington, D.C. 20210

  14. Record Retention Requirements • Don’t throw things away

  15. Working with your Local’s Attorney • “The first thing we do, let’s kill all the lawyers.” – Shakespeare (Henry VI, Part 2)

  16. When to Consult an Attorney • If you are served with any type of legal process, you absolutely need an attorney: • NLRB • DOL • IRS • EEOC • Any litigation against the Local or its Officers • Notify the International

  17. When to Consider an Attorney • Drafting referral rules • Contract negotiations • Arbitration • Organizing

  18. An Attorney will not and should not run your Local for you

  19. What if I cannot afford an attorney?

  20. Assistance from the International

  21. Parliamentary procedure

  22. Why Robert’s Rules • History: Henry Martyn Robert and the disarray he found • Demystify the conduct of business • Stabilize and streamline meetings Faster – Fairer – More Effective

  23. Meeting Myths • We don’t use Parliamentary Procedure • The absence of a quorum is okay if nobody brings it up • Discussion first, motion later • Rules are the same for all meetings

  24. Meeting Myths (cont.) • Anybody can speak at our meetings • A friendly amendment is okay • “Old Business”

  25. Meeting Myths (cont.) • There are too many motions in Parliamentary Procedure • Calling the Question stops all business • The Chair “runs” the meeting

  26. Conclusion • Dispel myths to streamline meetings • Create an agenda • Follow the standard order of business • Use informal procedures when practical

  27. Setting Goals

  28. Success Stories

  29. Keys to Union Success • A Union needs a framework of information, systems, and plans rooted in law and order to grow, thrive, and continue to effectively represent its members.

  30. The End

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