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Content Last Revised: 12/27/63
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter IV  

Office of Labor-Management Standards, Department of Labor

 

 

Part 453  

General Statement Concerning the Bonding Requirements of the Labor-Management Reporting and Disclosure Act of 1959


29 CFR 453.22 - Prohibition of certain activities by unbonded persons.

  • Section Number: 453.22
  • Section Name: Prohibition of certain activities by unbonded persons.

    (a) Section 502(a) provides that persons who are not covered by 
bonds as required by that section shall not be permitted to receive, 
handle, disburse, or otherwise exercise custody or control of the funds 
or other property of a labor organization or of a trust in which a labor 
organization is interested. This prohibits personnel who are required to 
be bonded, as explained in Sec. 453.8 from performing any of these acts 
without being covered by the required bonds. In addition, this provision 
makes it unlawful for any person with power to do so to delegate or 
assign the duties of receiving, handling, disbursing, or otherwise 
exercising custody or control of such funds or property to any person 
who is not bonded in accordance with the provisions of section 502(a).
    (b) The legislative history of the Act indicates, however, that it 
was not the intent of Congress to make compliance with the bonding 
requirements of section 502(a) a condition on the right of banks or 
other financial institutions to serve as the depository of the funds of 
labor organizations or trusts. Similarly, it appears that the provisions 
of that section do not require the bonding of brokers or other 
independent contractors who have contracted with labor organizations or 
trusts for the performance of functions which are normally not carried 
out by such labor organizations' or trusts' own officials or employees, 
such as the buying of securities, the performance of other investment 
functions, or the transportation of funds by armored truck. \12\
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    \12\ See Sec. 453.6(b).
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