Q. What is the difference between a UBCJA Supervision and a US DOL Trusteeship?
A. The only difference is in name.
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2006 UBCJA Constitution
Section 6D. The United Brotherhood of Carpenters and Joiners of America shall have the right to establish supervision over and to conduct the affairs of any subordinate body (including the removal of any or all officers of such subordinate body) to correct financial irregularities or to assure the performance of collective bargaining agreements and the responsibility of the subordinate body as a bargaining agent or to protect the interests and rights of the members or whenever the affairs of the subordinate body are conducted in such a manner as to be detrimental to the welfare of the members and to the best interests of the United Brotherhood, subject, however, to the provisions of Paragraph H of Section 10. The authority granted to the United Brotherhood herein includes the authority to establish supervision to prevent secession or disaffiliation by any subordinate body or bodies.
Source: http://franco1.info/UBCJA/UBC_Con_2006.pdf, pages 5-6
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Office of Labor-Management Standards (OLMS)
Trusteeships
Section 3(h) of the LMRDA defines a “trusteeship” as “any receivership, trusteeship, or other method of supervision or control whereby a labor organization suspends the autonomy otherwise available to a subordinate body under its constitution or bylaws.” The same definition applies under the CSRA. A “labor organization” includes any labor union except a state or local central body or a union representing solely public employees of a state or political subdivision of a state, such as a county or municipality. The term “subordinate body” means “subordinate labor organization.” Any trusteeship imposed over a body that meets the definition of “labor organization” is subject to the trusteeship provisions. The most common example of a trusteeship is an international or national parent body union imposing a trusteeship over a local labor organization.
Trusteeship Regulations
Trusteeship Publication
[US DOL] Last Updated: 11/16/06
Source: http://www.dol.gov/olms/regs/compliance/redesign_2006/redesign2006_trusteeships.htm
Existence of a Trusteeship
A trusteeship exists whenever a parent union suspends a subordinate union's constitutional or statutory autonomy; that is, whenever the parent assumes control over affairs that the subordinate would normally handle itself. Thus, an action referred to as an “administratorship,” “stewardship,” or “supervisorship” is a trusteeship if it involves a suspension of autonomy otherwise available, regardless of the word used to describe it. Even when the suspension of autonomy is only partial, a trusteeship exists and is subject to the LMRDA.
Source: http://www.dol.gov/olms/regs/compliance/trustreq.htm#et
