Violation of our own By-laws

Hello Supporters!

While waiting for a response to my previous email to the Executive Board of Local 579 regarding potential violations of LMRDA laws, I sent a follow-up email addressing violations of our own Local 579 by-laws. For transparency, the full email is included below.

EMAIL: 

Executive Board of Local 579, 

While I await your response to my previous email regarding my opposition to the proposed dues increase—and the violation of the Labor-Management Reporting and Disclosure Act (LMRDA)—I would like to take this opportunity to provide a more detailed analysis of how our Local 579 By-laws relate to the LMRDA.

But first, based on my research, here’s a brief overview of the legal hierarchy governing union operations and how federal law interacts with union constitutions and local bylaws:

Federal law, including the LMRDA, takes precedence over any conflicting provisions in a union’s constitution or local bylaws. This is supported by the Supremacy Clause of the U.S. Constitution, which establishes that federal law overrides conflicting state laws and private agreements such as Local and International Unions.

Here’s a breakdown of how this works:

1. Supremacy of the LMRDA

• The LMRDA protects union members' rights and promotes transparency and accountability within unions.
• 
  Any union rule—whether in a local bylaw or international constitution—that conflicts with the LMRDA is considered invalid.

2. Role of the International Constitution

• Sets the overall structure and policies of the union at the national or international level.
• Must comply with federal law, including the LMRDA.

3. Role of Local Bylaws

• Govern the day-to-day operations of local unions.
• Must align with both the international constitution and federal law (LMRDA).

4. Supremacy Clause of the U.S. Constitution

• Establishes that federal law overrides conflicting state laws and private agreements, including union bylaws and constitutions.
• Reinforces that the LMRDA supersedes all subordinate union rules.

5. Enforcement of the LMRDA

• The U.S. Department of Labor’s Office of Labor-Management Standards (OLMS) enforces many LMRDA provisions.
• Union members also have the right to file lawsuits in federal court to enforce their rights under the LMRDA.

6. Conflict Resolution

• In cases of conflict, the LMRDA prevails over any union bylaw or constitution.

7. Example Scenario

• If a local union bylaw restricts a member’s freedom of speech at a union meeting—an activity protected under the LMRDA—that bylaw is invalid to the extent of the conflict.

Review of Local 579 Bylaws in Context

Below is a review of Section XIII – Procedure for Amendments to the Bylaws and how it relates to the dues increase proposal:

(a) Any Member may propose an amendment to these By-laws, by submitting the change in writing to the Local Recording Secretary. The Executive Board may also consider amendments submitted to it by members of the Executive Board at its meetings.

• This was acknowledged in your January 2, 2025 email and again at the March 26, 2025 meeting, confirming that the amendment was discussed and submitted per the bylaw.

(b) The Recording Secretary will post proposed amendments, both those proposed by Members and/or those proposed by a member of the Executive Board, on the first of each month, for thirty (30) days on the Local 579 website, allowing Members to review, comment, and provide feedback for the Executive Board to review before any determination is made.

• The amendment was posted on January 1, 2025, satisfying this requirement.
• Comment: I believe section (b) should follow section (c), since amendments should first be reviewed for legal compliance before being presented for membership feedback.

(c) The Executive Board shall review all proposed amendments, to ensure consistency with the provisions of the TWU International Constitution, and any applicable Federal, State and Local Laws. Any proposed amendment found to be in violation shall be returned to the Member who submitted it with a written explanation, from the Recording Secretary, for its rejection.

• By approving this amendment, the Board assumes responsibility for ensuring it does not conflict with the LMRDA or any other governing laws.
• Despite receiving feedback from members opposing the amendment, the Board did not reassess or inform the membership of a required vote under the LMRDA. This constitutes a failure to fulfill your obligation under this bylaw and federal law. 

(d) The Executive Board shall have the discretion to accept reject or modify any proposed amendment. The action of the Executive Board, in resolving amendments, shall be set forth in the meeting minutes of the Local Executive Board. If an amendment is rejected, the Member initiating the amendment will be notified.

• You had the authority—and responsibility—under subsection (c) to reject this proposal for violating members’ rights under the LMRDA. By approving it instead, you also violated subsection (d).

(e) A two-thirds vote of a quorum of the Executive Board is required to approve an amendment to these By-laws and will not become final and binding unless approved by the International Administrative Committee. Any future changes in salaries, not contained in these By-laws, will be posted on the Local 579 website as part of the meeting agenda for discussion, prior to a required affirmation vote by a majority of those Members present at the meeting. 

• Approving this amendment without ensuring it met all legal and procedural requirements shows a failure to uphold both federal law and your own by-laws.

Lastly, the final sentence of subsection (e) mentions changes in salaries. However, I haven’t seen any updates regarding executive board salaries posted on the Local 579 website. If this information is available, could you please direct me to the specific section where it’s located? 

Request
I respectfully request that you rescind the amendment proposal or thoroughly review the issues outlined in this and my previous email. If I’ve misunderstood any part of the process or legal interpretation, I welcome clarification.