(a) Functions of the Department of Labor. This part discusses the
meaning and scope of section 502 of the Labor-Management Reporting and
Disclosure Act of 1959 \1\ (hereinafter referred to as the Act), which
requires the bonding of certain officials, representatives, and
employees of labor organizations and of trusts in which labor
organizations are interested. The provisions of section 502 are subject
to the general investigatory authority of the Secretary of Labor,
embodied in section 601 of the Act (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 any provisions of the Act (except title
I or amendments to other statutes made by section 505 or title VII). The
Department of Labor is also authorized, under the general provisions of
section 607, to forward to the Attorney General, for appropriate action,
any evidence of violations of section 502 developed in such
investigations, as may be found to warrant criminal prosecution under
the Act or other Federal law.
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\1\ 73 Stat. 536; 29 U.S.C. 502.
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(b) Purpose and effect of interpretations. Interpretations of the
Assistant Secretary with respect to the bonding provisions are set forth
in this part to provide those affected by these 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.'' \2\ The
correctness of an interpretation 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.
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\2\ Skidmore v. Swift & Co., 323 U.S. 134, 138.
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(c) Earlier interpretations superseded. To the extent that prior
opinions and interpretations under the Act, relating
to the bonding of certain officials, representatives, and employees of
labor organizations and of trusts in which labor organizations are
interested, are inconsistent or in conflict with the principles stated
in this part, they are hereby rescinded and withdrawn.
[28 FR 14394, Dec. 27, 1963, as amended at 50 FR 31309, Aug. 1, 1985]
