The Labor-Management Reporting and Disclosure Act (LMRDA), which Congress passed in 1959, imposes a number of requirements upon labor unions and their affiliates. The requirements seek to prevent corruption and to protect union members' rights. Core to the establishment of fair union representation are LMRDA regulations governing the elections for the selection of union officials. This article summarizes the main election provisions prescribing who may or may not be a candidate for office in a union election. These provisions establish the minimum protections that unions must provide. Unions may choose to impose stricter protections or requirements upon their election procedures through their constitutions or bylaws.

Candidacy Requirements

Who must be elected?

The LMRDA provides that the following types of union officials must be elected:

• Any person holding a position identified as an officer position by the constitution or bylaws of the union;
• Any other union officer serving the function of president, vice president, secretary, or treasurer;
• Anyone performing an executive function for a labor organization;
• Any member of a union executive board or other governing body;
• Any person with policymaking authority; and
• Delegates who vote for national or international officials.

How often must they be elected?

The LMRDA requires labor unions to hold local elections every three years. Intermediate body elections must take place every four years, and national elections need only occur every five years. The LMRDA does not impose term limits upon elected officials.

Who may be nominated for office?

While candidates for office are generally selected from the pool of union members in good standing, a union's bylaws or constitution may require them to meet reasonable eligibility requirements. These requirements must meet legitimate needs of the union. They must also fit the demands of the particular office.

Reasonable candidacy restrictions may include a two-year membership requirement or regular meeting attendance requirements. The restrictions, however, may not force a large number of members to be ineligible for office. Furthermore, unions may never impose qualifications that require a filing fee, that require the candidate to have held an office in the past, or that limit candidacy based upon race, sex, religion, color, or national origin.

Who may not run for office?

The LMRDA specifically excludes persons convicted of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or violations of certain provisions of the LMRDA from holding union office for a number of years. Where the person is imprisoned for his or her offense, he or she is barred from holding office for a period of 13 years following the end of the term of imprisonment. Where there is no imprisonment, the 13-year prohibition period runs from the date of conviction.

Who may nominate and select candidates for office?

The LMRDA provides that all union members should be given a "reasonable opportunity" to nominate candidates of their own choosing. All members in good standing must be given notice of all nomination requirements. Local union officials must be elected by secret ballot. The election must be open to all union members in good standing. Intermediate and national officials may be selected by delegates elected by local members through secret-ballot elections.

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