Your Rights as a Union Member

You have the right, protected by federal law, to be active in your union, to express opinions about union business, to distribute literature, to file grievances under the contract, and to support or criticize union officials. Neither your employer nor your union may lawfully discipline you for exercising these rights.

National Labor Relations Act

Your rights on the job are protected by the National Labor Relations Act. It prohibits both your employer and your union from retaliating against you for engaging in "concerted, protected activity," a legal term meaning actions you do with others relating to conditions on the job or in the union. Concerned, protected activity includes filing grievances, complaining about contract violations and rank and file meetings.

Management and union officials may not harass you by spying on you or interrogating you about rank and file meetings or other protected activities.

Distributing Literature

You may distribute literature at work in non-work areas, on non-work time.

You may use company-provided, general-use bulletin boards to post literature and notices. Rules that exclude the posting only of union-related literature, or that are created in response to union activity, are not valid.

If Your Rights Are Violated

If these rights have been violated, you may file a charge at the National Labor Relations Board (NRLB) by mail or in person. If the Board decides your case has merit, it will schedule a hearing and provide a Board lawyer to prosecute it. Your charge must be file within six months of the date your rights are violated.

Inside the Union, Local Elections

You have the right to meet, organize and speak freely, both in and out of the union hall. Union officials may not disrupt rank and file meetings or distribution of literature.

You have the right to an equal opportunity to vote, nominate candidates and run to union office. All union members have the right to an informed vote on union matters.

Under the Teamster constitution and federal law, almost all local unions hold elections for officers every three years. The past administration directed mail-ballot voting in many locals. 

You have the right to a secret ballot vote on increases in local union dues, initiation fees and assessments.

Contracts

You have the right to receive, upon request to your local union, a copy of your contract along with all riders and supplements, written or verbal, and to inspect all contracts that your local union administers. Under the IBT Constitution you have the right to a secret ballot vote to ratify a contract, and that vote must be meaningful and informed. You have the right to discuss the proposal with fellow Teamsters

Union Financial Statements

Every private-sector union must file an annual financial statement with the U.S. Department of Labor (DOL) containing officers' salaries and expenses and other union expenses and income. The report, known as the LM-2 report, is a public document and may be obtained through the Department of Labor.

Discrimination

According to Title VII of the Civil Rights Act, neither an employer nor a union may discriminate against anyone because of race, color, sex, age, religion, national origin or disability. The law is enforce by the Equal Employment Opportunities Commission (EEOC). The EEOC also enforces the Americans with Disabilities Act (ADA) which protects the rights of employees with permanent disabilities, if the employer can make reasonable accommodations to their needs. Many states have similar laws and agencies.

The Family and Medical Leave Act (FMLA) provides the employees of certain employers the right to parental leave and protection for employees who miss work because of their own medical conditions or the conditions of members of their immediate family.

Health and Safety

The Occupational Health and Safety Administration (OSHA) is responsible for enforcing job safety standards, including the right to information about toxic substances to which you are exposed. You may request an inspection of your job site if you think safety violations exist. You may not be fired or otherwise disciplined for making complaints about job safety or for refusing to perform work that presents an immediate danger to your safety.

OSHA enforces STAA Section 405, which provides special protection for trucking workers. 

State Laws

Many states have laws regulating employment conditions, including wages and hours regulations, safety standards, medical examinations, the right to see personnel files and more. State laws regarding tape recording of phone and in-person conversations (for example, with management) also vary from state to state.

Teamster Constitution and Bylaws

The General President has the power to interpret the IBT Constitution and local bylaws, and, although rarely, has done so in some cases to protect members' rights.

[For more information on your rights, check out www.tdu.org]