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The "Bill of Rights of Members of Labor Organizations,"' Title I of the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act or LMRDA), extends freedoms of speech and assembly to the relationship of a union member and his union3 and declares that provisions of union constitutions inconsistent with those rights shall be "of no force or effect."'4 In the two decades since the passage of the LandrumGriffin Act, union members have brought numerous lawsuits seeking to enforce the rights guaranteed to them by the LMRDA and to challenge disciplinary actions taken against them by their unions. Although the union members have won many of these suits, the courts usually have left intact the constitutional provisions upon which the illegal discipline had been based. This Note contends that disciplinary provisions in the constitutions of many of this country's unions pose serious threats to the exercise of rights guaranteed by the LMRDA and that the usual approach taken by the federal courts in LMRDA litigation fails to promote the union democracy and autonomy that the legislation sought to further. The Note maintains that the only way for courts adequately to safeguard the interests of unions and their members is to accept the mandate of the LMRDA and void

Facial Adjudication of Disciplinary Provisions in Union Constitutions