(a) Every labor organization required to submit a report under
section 201(b) of the Act and under this part shall make available
to all its members the information required to be contained in such
reports, and every such labor organization and its officers shall b
under a duty to permit such member for just cause to examine any
books, records, and accounts necessary to verify such report.
(b)(1) If a labor organization is required to file a report under
this part using the Form LM–2 and indicates that it has failed or
refused to disclose information required by the Form concerning any
disbursement, or receipt not otherwise reported on Statement B, to
an individual or entity in the amount of $5,000 or more, or any two
or more disbursements, or receipts not otherwise reported on Statement
B, to an individual or entity that, in the aggregate, amount to $5,000
or more, because disclosure of such information may be adverse to
the organization's legitimate interests, then the failure or refusal
to disclose the information shall be deemed “just cause” for purposes
of paragraph (a) of this section.
(2) Disclosure may be adverse to a labor organization's legitimate
interests under this paragraph if disclosure would reveal confidential
information concerning the organization's organizing or negotiating
strategy or individuals paid by the labor organization to work in a
non-union facility in order to assist the labor organization in organizing
employees, provided that such individuals are not employees of the labor
organization who receive more than $10,000 in the aggregate in the
reporting year from the union.
(3) This provision does not apply to disclosure that is otherwise prohibited
by law or that would endanger the health or safety of an individual.
(c)(1) If a labor organization is required to file a report under this
part using the Form T–1 and indicates that it has failed or refused to
disclose information required by the Form concerning any disbursement
or receipt to an individual or entity in the amount of $10,000 or
more, or any two or more disbursements or receipts that, in the
aggregate, amount to $10,000 or more, because disclosure of such
information may be adverse to the organization's legitimate interests,
then the failure or refusal to disclose the information shall be deemed
“just cause” for purposes of paragraph (a) of this section.
(2) Disclosure may be adverse to a labor organization's legitimate interests
under this paragraph if disclosure would reveal confidential information
concerning the organization's organizing or negotiating strategy or
individuals paid by the trust to work in a non-union facility in order
to assist the labor organization in organizing employees, provided that
such individuals are not employees of the trust who receive more than
$10,000 in the aggregate in the reporting year from the trust.
(3) This provision does not apply to disclosure that is otherwise prohibited
by law or that would endanger the health or safety of an individual.
(d) In all other cases, a union member has the burden of establishing
“just cause” for purposes of paragraph (a) of this section.
[28 FR 14383, Dec. 27, 1963, as amended at 68 FR 58447, Oct. 9, 2003; 71
FR 57737, Sept. 29, 2006]
