In 1996, McCarron consolidated all the union's collective bargaining powers into 55 "regional councils." The councils were controlled by exec. secy. treasurers (ESTs) who filled their staff with the same council delegates who supposedly controlled the ESTs.
In 1999, a group of New England carpenters filed a complaint with DOL, charging that the McCarron scheme violated the members' right to vote directly for those officials responsible for collective bargaining. President Clinton's labor secy., Alexis Herman, claimed that under the Labor Mgmt. Reporting & Disclosure Act (LMRDA), only local unions were required to have elections of officers.
As the dissidents' appeal made its way through the federal courts, Pres.
Bush's new labor secy., Elaine Chao, maintained that argument, even claiming
that overturning McCarron's councils could "undermine self-government within
the labor movement." But the 1st Circ. Ct. ruled in Feb. that DOL contradicted
its own 30-yr.-old regulation that any union body performing collective
bargaining was required to be elected by the membership. The three-judge
panel of Juan Torruella (Reagan), Sandra Lynch (Clinton) and Kermit Lipez
(Clinton) ordered DOL to reconsider its position. That reconsideration
is still pending. [Harrington v. Chao, 280 F.3d: 2002 U.S. App.: The New
Republic 12/16/02]
Union Corruption Update is made possible by the generous contributions from readers like you. NLPC, PO Box 6821, Falls Church, VA 22040. Thank you. Union Corruption Update is part of NLPC's Organized Labor Accountability Project which is investigating and exposing corruption in the Teamsters, LIUNA, AFL-CIO and many other union organizations. NLPC is a nonpartisan, nonprofit foundation promoting ethics and accountability in government through research, education and legal action.
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