The Civil Rights and Labor-Management Division (CRLM) in the Office of the Solicitor provides legal services to labor-management, equal opportunity and faith-based clients, including:

• the Office of Labor-Management Standards (OLMS),
• the Center for Faith;
• the Office of Disability Employment Policy (ODEP);
• the Civil Rights Center (CRC);
• the Veterans' Employment and Training Service (VETS);
• the Employment and Training Administration (ETA);
• the Office of Apprenticeship (OA); and other clients not listed here.

What We Do

The Division supports the labor-management and equal opportunity efforts of multiple client agencies within the Department of Labor.  Our enforcement-related work includes participating in administrative and district court trial litigation, appeals and defensive cases, and advising clients on a range of enforcement initiatives. Our attorneys also assist clients in drafting and reviewing regulations and guidance.

Legal Services for the Office of Labor-Management Standards

The CRLM Division provides a broad range of legal services to OLMS, which enforces laws that establish federal standards for labor union democracy, and that promote labor union and labor-management transparency through reporting and disclosure requirements for labor unions and their officials, employers, labor relations consultants, and surety companies. These laws include:

• The Labor-Management Reporting and Disclosure Act of 1959, which governs labor organizations that represent private sector employees;
• The Civil Service Reform Act, which governs federal sector unions; and
• Analogous laws governing the Postal Service and the Foreign Service; and
• The Federal Transit Act.

The division conducts administrative enforcement in internal union officer election, trusteeship, and reporting cases arising under the Civil Service Reform Act, and works with the U.S. Department of Justice in its representation of OLMS in federal court in reporting, trusteeship, and officer election, and section 504 petition cases arising under the LMRDA. CRLM also works with OLMS on rulemakings and provides advice to OLMS on matters arising under its statutes.

The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)

In 1959, a bipartisan Congress determined that the enactment of the Labor-Management Reporting and Disclosure Act (LMRDA) was necessary to eliminate or prevent improper practices on the part of labor organizations, employers, labor relations consultants, and their officers and representatives. The Office of Labor-Management Standards (OLMS) administers most of the provisions of the statute.

Title I—Bill of rights of members of labor organizations

Enforceable by private action, title I of the LMRDA provides labor organization members with certain rights including freedom of speech, freedom of assembly, and safeguards against improper disciplinary action. See 29 U.S.C. §§ 411-15. OLMS administers title I’s provision giving members a right to copies of relevant collective bargaining agreements and may bring a civil suit to enforce this provision. See 29 U.S.C. §§ 414; 440.

Title II—Reporting by labor organizations, officers and employees of labor organizations, and employers

Title II of the LMRDA provides that covered labor organizations, as well as certain employers, labor relations consultants, and their officers and representatives must file financial disclosure reports with OLMS. The agency may bring an enforcement suit for failure to file the required forms. See 29 U.S.C. §§ 431-41. These reports are available to the public on the OLMS website.

Title III—Trusteeships

Title III of the LMRDA provides that a labor organization must file disclosure reports with OLMS when placing a subordinate body under trusteeship and may only establish and administer trusteeships for legitimate purposes consistent with the organization’s constitution and bylaws. These reports are available to the public on the OLMS website. Upon a union member’s complaint, the agency may bring an enforcement suit for violations of certain trusteeship provisions of the LMRDA. See 29 U.S.C. §§ 461-66.

Title IV—Elections

Title IV of the LMRDA provides minimum standards that labor organizations must follow when conducting internal union officer elections. For example, unions must conduct regular elections, provide adequate safeguards to ensure a fair election, allow candidates to have observers at certain phases of the election process, provide members a reasonable opportunity to nominate candidates, run for office, and support the candidates of their choice, and provide the right to vote. Upon a union member’s complaint, the agency will bring an enforcement suit if it finds violations of the statute that may have affected the outcome of the election. See 29 U.S.C. §§ 481-83.

Title V—Safeguards for labor organizations

Title V of the LMRDA prohibits individuals convicted of certain crimes from holding a position with employers or labor relations consultants that includes a labor-management role and from holding union office or employment or serving in certain other capacities. The prohibitions of Section 504 are incorporated into the federal sector Standards of Conduct provisions and, therefore, are applicable to federal employee unions, as well.  When a person subject to the bar petitions the federal or state sentencing court to reduce the bar, or petitions the relevant federal district court for an exemption from the bar, the court notifies the Department. OLMS will investigate and work with CRLM to make a recommendation to the court on whether the bar should be reduced for all positions or removed for a particular job or position.  See 29 U.S.C. §§ 501-04.

The Civil Service Reform Act

The Civil Service Reform Act of 1978 (CSRA), 5 U.S.C. 7101 et seq., applies to labor organizations which represent employees in most agencies of the executive branch of the Federal Government.  Section 7120 of Title VII of the CSRA sets forth the Standards of Conduct for Federal sector labor organizations. The Department’s regulations that implement the standards of conduct provisions establish standards of conduct for Federal unions similar to provisions under the LMRDA.  For example, the standards of conduct regulations include a Bill of Rights for Federal sector union members and incorporate the LMRDA reporting and election provisions. When administering the standards of conduct regulations for Federal sector unions, OLMS is guided by LMRDA policies and principles. Unlike the LMRDA, the CSRA standards of conduct regulations are enforced entirely through various administrative actions depending upon the violation.

The Federal Transit Act

When federal funds are used to acquire, improve, or operate a mass transit system, federal law requires arrangements to protect the interests of mass transit employees. 49 U.S.C. § 5333(b) (commonly known as Section 13(c) of the Urban Mass Transportation Act). Section 5333(b) specifies that these protective arrangements must provide for the preservation of rights and benefits of employees under existing collective bargaining agreements, the continuation of collective bargaining rights, the protection of individual employees against a worsening of their positions in relation to their employment, assurances of employment to employees of acquired transit systems, priority of reemployment, and paid training or retraining programs. 49 U.S.C. § 5333(b)(2).

CRLM provides advice regarding 49 U.S.C. 5333(b) of the Federal Transit Act as to certification of mass transit grants. CRLM works with OLMS to provide technical assistance to transit agencies, unions, transit employees and state governments. CRLM works with the U.S. Department of Justice in litigation arising from OLMS certification decisions.

Legal Services on Faith-Based Issues for the Center for Faith

CRLM provides legal services to the Center for Faith to ensure equal treatment in Department of Labor programs for religious organizations and beneficiaries.  In its role advising the Center for Faith, CRLM provides rulemaking expertise, review of agency documents, press and guidance to clarify that religious organizations do not lose various legal protections because they participate in federal programs and activities under the First Amendment, Religious Freedom Restoration Act, and other federal laws, and that beneficiaries of federally funded social services provided by religious organizations have certain legal protections as well. 

Legal Services for the Office of Disability Employment Policy

CRLM provides legal advice and representation to ODEP on initiatives designed to provide leadership, develop policies and initiatives and award grants furthering the elimination of barriers to the training and employment of people with disabilities, consistent with Administration priorities.  CRLM provides advice on drafting and implementing new MOUs to establish collaborative relationships with individuals and organizations critical to the implementation of changes in policies, programs and practices for employers. CRLM also reviews grants, research materials, fact sheets, and contractor-prepared documents for legal sufficiency.

Legal Services for Internal EEO Matters

CRLM provides legal services to CRC on its internal enforcement program.  CRLM provides legal expertise to CRC in its administration of the Equal Employment Opportunity complaint program applicable to employees and applicants for DOL employment under the following laws:

• Title VII of the Civil Rights Act of 1964
• 29 C.F.R § 1614: Federal Sector Equal Employment Opportunity
• Equal Pay Act of 1963
• Age Discrimination in Employment Act of 1967
• Section 501 of the Rehabilitation Act of 1973,
• Section 508 of the Rehabilitation Act of 1973,
• Civil Service Reform Act of 1978
• Civil Rights Act of 1991
• The Cummings Act
• 5 U.S.C. § 720 (marital status and political affiliation)
• 5 U.S.C. § 7201 (Federal Equal Opportunity Recruitment Program)
• 38 U.S.C. § 4214 (Disabled Veterans Affirmative Action Plan)
• 38 U.S.C. § 4212 (Vietnam Era Veterans’ Readjustment Assistance Act of 1974), as amended
• The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)
• The Lilly Ledbetter Fair Pay Act of 2009
• The Pregnant Workers Fairness Act (PWFA)
• Genetic Information Nondiscrimination Act of 2008

Legal Services on Equal Opportunity Laws Applicable to Recipients of Federal Financial Assistance

CRLM also provides legal services to CRC with respect to its administration of DOL's external enforcement programs.  CRC enforces the equal opportunity and nondiscrimination requirements that apply to recipients of federal financial assistance, including those under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act and Section 188 of the Workforce Innovation and Opportunity Act. The external enforcement program involves compliance reviews of recipients, and investigation of complaints alleging that recipients have violated applicable equal opportunity and nondiscrimination laws. In addition, the Division provides advice and assistance to CRC in drafting and reviewing regulations and guidance, as well as training and technical assistance to stakeholders.  CRLM advises CRC, ETA, including the Office of Job Corps, and ODEP, on the following statutes, as applicable:

• Title VI of the Civil Rights Act of 1964
• Section 504 of the Rehabilitation Act of 1973
• Section 508(f) of the Rehabilitation Act of 1973
• Age Discrimination Act of 1975
• Title IX of the Education Amendments of 1972
• Section 188 of the Workforce Innovation and Opportunity Act
• The Americans with Disabilities Act of 1990

Legal Services for the Veterans' Employment and Training Service

CRLM provides legal services to VETS in its administration of the VETS-4212 reporting requirement that the Vietnam Era Veterans’ Readjustment Act (VEVRAA) places on covered federal contractors regarding the qualified covered veterans in their workforces.  CRLM provides advice on revisions that VETS makes to the forms as well as guidance to contractors on their reporting obligations. CRLM also reviews certain VETS materials and programming, including grants, for compliance with federal civil rights laws.

Legal Services on Employment and Training Issues

CRLM provides a vast array of legal services on employment and training issues to multiple clients within the Department of Labor, including direct client services to CRC, ODEP, OFCCP, WB, OA and VETS.  CRLM attorneys specialize in equal opportunity (EO) law, advising indirect clients within the Department as well.  CRLM coordinates within SOL to provide equal opportunity legal advice to ETA, the Office of Job Corps, OSHA, MSHA, and others.

Legal Services for the Office of Apprenticeship

CRLM provides a vast array of legal services on employment and training issues to multiple clients within the Department of Labor, including direct client services to CRC, ODEP, OFCCP, WB, OA and VETS.  CRLM attorneys specialize in equal opportunity (EO) law, advising indirect clients within the Department as well.  CRLM coordinates within SOL to provide equal opportunity legal advice to ETA, the office of Job Corps, OSHA, MSHA and others.

Legal Services for OFCCP

CRLM provides legal services to OFCCP, which enforces equal employment opportunity laws that apply to contractors and subcontractors doing business with the federal government.  Services include advice, rulemaking and enforcement. The laws are:

• Section 503 of the Rehabilitation Act of 1973: For qualified individuals with disabilities, prohibits discrimination and requires affirmative efforts to ensure equal employment opportunity in all employment practices.
• Vietnam Era Veterans' Readjustment Assistance Act of 1974: For qualified covered veterans, prohibits discrimination and requires affirmative efforts to ensure equal employment opportunity in all employment practices.

Accomplishments

Janus v. AFSCME, Council 31, 585 U.S. 878 (2018): With the Office of Solicitor General, CRLM drafted the Government’s amicus filing in the Supreme Court’s Janus decision. Closely following the Government’s brief and positions stated at argument, this decision held that public sector employees cannot be required to join a union or pay any portion of union dues because such actions would violate those individuals’ First Amendment rights to free speech and association. Consistent with this First Amendment holding, the Supreme Court also held that all public sector employees must expressly “opt-in” to union membership, rejecting the position that in a unionized workforce, upon hiring full membership is the default determination for each employee. This was a landmark labor decision that reversed Abood v. Detroit Bd. of Education, 431 U.S. 209 (1977), which had held that, as long as such dues collected from non-members were used only for the purposes of collective bargaining, contract administration, and grievance adjustment, it did not violate the non-members' First Amendment rights.

Shanker v. Patent Office Professional Association (POPA) (ARB 2023): The Department alleged that POPA violated the LMRDA section 401(c) requirement that the union comply with candidates’ reasonable requests to distribute campaign literature when POPA failed to comply with a reasonable request from the presidential candidate for its November 2020 election. The violation may have affected the outcome of the president race.  The Department’s Office of Administrative Law Judges (OALJ) issued a recommended decision and order granting the OLMS motion for summary decision finding that POPA violated section 401(c) of the LMRDA, as made applicable to elections of federal-sector unions by the Civil Service Reform Act, during its November 2020 election. The OALJ further found that the violation may have affected the outcome of the election for the office of President. The Administrative Review Board (ARB) upheld the OALJ’s recommended decision and ordered POPA to conduct a new supervised election for the office of President. When POPA failed to cooperate with OLMS to conduct a supervised election, OLMS filed a petition with the Federal Labor Relations Authority (FLRA) to enforce the ARB’s order.  The FLRA granted OLMS’ petition for enforcement and remanded the case to the ARB to set a new date for the timing of the supervised election. POPA filed a motion with the ARB to dismiss the case as moot because it intended to conduct a supervised election concurrently with its November 2023 regularly scheduled election of officers. The ARB denied POPA’s motion because there was not enough time for a supervised election and ordered that a new supervised election be conducted by February 2024. POPA timely completed the supervised election.

Walsh v. Local 688, IBT (E.D. Mo. 2022): The Department alleged that the union’s November 2020 local officer election violated Sections 481(b) and 481(c) of the LMRDA because it failed to provide adequate safeguards to ensure a secret ballot election and because the pervasive nature of the violations may have affected all members eligible to vote. The Department found that the union conducted in-person voting during 98 polling events at numerous locations and failed to use physical voting partitions or provide clear instructions that members were required to vote a secret ballot. Because of the lack of safeguards, the union permitted members at many polling places to vote together at large tables and permitted members to mark ballots while standing at the ballot box or at the election committee member’s table.  The district court in granting the Department’s motion for summary judgment held that the undisputed evidence established that the Union violated the LMRDA by failing to conduct its November 2020 election by secret ballot or with adequate secrecy safeguards.  The court held that the Union failed to meet its burden of showing that the violations did not affect the outcome of the election.  First, the Union incorrectly argued that the Department was required to produce evidence that the violations affected the outcome of the election.  The court held that such a reading would overturn more than fifty years of Supreme Court precedent and ignore clear congressional intent.  Second, the court rejected the union’s argument that the Department presented insufficient evidence of actual breaches of voter secrecy because the evidence pertained to just one polling location.  The court held that this claim ignored the uncontradicted factual record that lack of uniform voting rules, voting instructions, or adequate physical voting arrangements at multiple polling places violated Section 481. The court voided the election and ordered a new election under the Secretary’s supervision.

LMRDA Form T-1 Rulemaking: During the first Trump Administration, with OLMS, CRLM drafted and reviewed the NPRM and Final Rule promulgating the “Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization is Interested, Form T-1,” 85 FR 13414 (March 6, 2020) (Final Rule). Under this rule, the Department required labor organizations with total annual receipts of $250,000 or more to file a Form T-1 for each trust, as defined by 29 U.S.C. § 402(l), of the LMRDA. The requirement to file this annual report was triggered when the labor organization, either alone or in combination with other labor organizations, selects the majority of the members of the trust’s governing board or contributes more than 50 percent of the trust’s receipts during the reporting period. Further, the T-1 rule provided that when determining financial contributions, any contributions made to a trust pursuant to a collective bargaining agreement were considered the labor organization’s contributions.

Faith Based Rulemaking: On December 14, 2020, the U.S. Department of Labor published a joint final rule with eight other Agencies to implement President Trump’s Executive Order No. 13831, on the Establishment of a White House Faith and Opportunity Initiative (May 3, 2018). The rule removed requirements in prior regulations that placed unequal burdens on religious organizations, cast unwarranted suspicion on them, and were in tension with their religious liberty rights. The final rule also clarified that religious organizations do not lose various legal protections because they participate in federal programs and activities, such as the rights to accommodations and conscience protections under the First Amendment, Religious Freedom Restoration Act, and other federal laws. During the first Trump Administration, with ASP, CRLM reviewed the NPRM and Final Rule.

Contact Information

200 Constitution Ave NW
Room N-2474
Washington, DC 20210

202-693-5740
202-693-5319 (fax)

Associate Solicitor
Beverly Dankowitz

Deputy Associate Solicitor
Nicole G. Dafoe

Counsel for Labor-Management Policy
Eleanore Simms

Counsel for Civil Rights and Appellate Litigation
Ali Beydoun

Counsel for Interpretations and Advice
Monica Bhattacharya

Counsel for Special Programs
Vacant

Counsel for Labor-Management and Civil Rights Enforcement
Vacant

Management and Program Analyst
Vacant

Published Legal Briefs