Recent e-mails (See below. PublicLabor@onelist.com) raise the question about what action union members can take if they are not allowed to ratify their collective bargaining agreement.. Mindy Pines had asked whether any law requires a union to submit a contract to the members for a ratification vote. In response, Carl Biers, Executive Director of the Association for Union Democracy, pointed out that the right to ratify a contract may be guaranteed in the union constitution and yet still the members are denied a vote. Carl stressed "the importance of holding elected officials accountable to the members…" when they are denied a ratification vote.
The Center for Democratic Unions agrees that there is nothing more important than holding elected officials accountable. The questions to be asked now are:
CAN union members hold their officers accountable?
WHY CAN’T members hold their officers accountable?
WHAT CAN WE ALL DO so that members can hold their officers accountable?
Can union members hold their officers accountable? Even in the best of circumstances members have difficulty holding their officers accountable. By way of illustration, we can look at the situation in ATU Local 587 in Seattle, a union which seemingly provides optimal rights for the membership. Members of Local 587 are protected by the Landrum-Griffin Act of 1959. Officers are elected every three years by direct vote of the members. Campaigns are made easier since most members are not geographically dispersed. The officers negotiate the contract. While a ratification vote is not guaranteed in the constitution or bylaws, traditionally there is a vote. On paper, things look good.
So what’s wrong with this picture? The short answer is that the local is still part of a One-Party State government. Clyde Summers, Fordham Professor at the University of Pennsylvania Law School, described the One-Party State in 1984. The two cornerstones of the One-Party State are, 1. Officer-controlled press, and 2. No opposition parties. As long as officers can censor the press and opposition parties are discouraged, it is impossible for the members to hold their officers accountable.
Why can’t members hold their officers accountable?
What can we all do so that members can hold their officers accountable? Union members need more of the moral and legal authority of the government to help us abolish the One-Party State. The Landrum Griffin Act of 1959 gives union members the right to elect local officers by direct election, and it gave Local 587 the right to abolish the meeting attendance rule. Nevertheless, the Landrum-Griffin Act did not go far enough. Additional legislation is called for.
The Union Members’ Bill of Rights, written in collaboration with Professor Summers, was filed as an initiative to the people in Washington state in 1999. We will refile January 7, 1999. The Union Members’ Bill of Rights requires unions operating in the state to adopt provisions in their constitutions and bylaws which guarantee the right of the members to:
Union members today do not have the tools they need to hold their officers accountable. The government provides better protections to shareholders in corporations. The Union Members’ Bill of Rights would legitimize opposition parties, it would legitimize networks of communication to circulate competing views. The Union Members’ Bill of Rights will empower the rank and file to build strong democratic unions.
We want to hear what people think about holding officers accountable.
Johnny E. Jackson and Jamie Newman
Center for Democratic Unions ( cdu@igc.org ) website: www.democraticunions.org 206-322-7941
(Below are portions of the e-mails from Mindy and Carl.)
In a message dated 12/18/99
10:35:24 PM Eastern Standard Time,
Mindy Pines (slinky@sirius.com) writes:
If a
union's constitution and bylaws are silent on the process of contract
ratification, what are the minimum requirements by law for ratifying contracts?
What law, if any, stipulates such requirements? Can a union's constitution and
bylaws really be silent on that issue?
Carl Biers (
aud@igc.org) responded: