(a) This part discusses the meaning and scope of sections 3(i) and
3(j) of the Labor-Management Reporting and Disclosure Act of 1959 \1\
(hereinafter referred to as the Act). These provisions define the terms
``labor organization'' and ``labor organization * * * in an industry
affecting commerce'' for purposes of the Act.\2\
---------------------------------------------------------------------------
\1\ 73 Stat. 520, 521, 29 U.S.C. 402.
\2\ It should be noted that the definition of the term ``labor
organization,'' as well as other terms, in section 3 are for purposes of
those portions of the Act included in titles I, II, III, IV, V (except
section 505) and VI. They do not apply to title VII, which contains
amendments of the National Labor Relations Act, as amended, nor to
section 505 of title V, which amends section 302 (a), (b), and (c) of
the Labor Management Relations Act, 1947, as amended. The terms used in
title VII and section 505 of title V have the same meaning as they have
under the National Labor Relations Act, as amended, and the Labor
Management Relations Act, 1947, as amended.
---------------------------------------------------------------------------
(b) The Act imposes on labor organizations various obligations and
prohibitions relating generally, among other things, to the reporting of
information and election and removal of officers. Requirements are also
imposed on the officers, representatives, and employees of labor
organizations. In addition, certain rights are guaranteed the members
thereof. It thus becomes a matter of importance to determine what
organizations are included within the applicability of the Act.
(c) The provisions of the Act, other than title I and amendments to
other statutes contained in section 505 and title VII, are subject to
the general investigatory authority of the Secretary of Labor embodied
in section 601 \3\ (and delegated by him to the Assistant Secretary),
which empowers him to investigate whenever he believes it necessary in
order to determine whether any person has violated or is about to
violate such provisions. The correctness of an interpretation of these
provisions can be determined finally and authoritatively only by the
courts. It is necessary, however, for the Assistant Secretary to reach
informed conclusions as to the meaning of the law to enable him to carry
out his statutory duties of administration and enforcement. The
interpretations of the Assistant Secretary contained in this part, which
are issued upon the advice of the Solicitor of Labor, indicate the
construction of the law which will guide him in performing his duties
unless and until he is directed otherwise by authoritative rulings of
the courts or unless and until he subsequently decides that a prior
interpretation is incorrect. However, the omission to discuss a
particular problem in this part, or in interpretations supplementing it,
should not be taken to indicate the adoption of any position by the
Assistant Secretary with respect to such problem or to constitute an
administrative interpretation or practice. Interpretations of the
Assistant Secretary with respect to the meaning of the terms ``labor
organization'' and ``labor organization * * * in an industry affecting
commerce,'' as used in the
Act, are set forth in this part to provide those affected by the
provisions of the Act with ``a practical guide * * * as to how the
office representing the public interest in its enforcement will seek to
apply it.'' \4\
---------------------------------------------------------------------------
\3\ Sec. 601, 73 Stat. 539, 29 U.S.C. 521.
\4\Skidmore v. Swift & Co., 323 U.S. 134, 138.
---------------------------------------------------------------------------
(d) To the extent that prior opinions and interpretations relating
to the meaning of ``labor organization'' and ``labor organization * * *
in an industry affecting commerce'' are inconsistent or in conflict with
the principles stated in this part, they are hereby rescinded and
withdrawn.
[28 FR 14388, Dec. 27, 1963, as amended at 50 FR 31309, Aug. 1, 1985]
