This Note will explore the actual and potential role the law can play in ensuring that the internal affairs of local unions are governed in accordance with democratic values. Part II will briefly outline the political roots and the philosophical basis of Title I of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). Part III will examine the judiciary’s interpretation of specific sections of Title I by summarizing and analyzing the relevant case law. Part IV will measure the effect of Title I on a union local, the degree to which the statute aids the efforts of union dissidents and the results which flow from the statute’s inadequacies. Part V will contain suggested changes in Title I which would strengthen the rights of union members and aid union reform efforts, and Part VI will summarize and conclude the Note.
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.
Labor organizing privilege is not a magic bullet that will secure the rights of workers to organize and collectively bargain. Employers will continue to resist the efforts of their workers to organize.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
Mandatory arbitration for guestworkers, a uniquely vulnerable group, will result in class inequality and worse conditions for all workers.