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Public Law 86-257, September 14, 1959, 73 Stat. 519-546, as amended by:
Public Law 89-216, September 29, 1965, 79 Stat. 888
Public Law 98-473, October 12, 1984, 98 Stat. 2031, 2133, 2134
Public Law 99-217, December 26, 1985, 99 Stat. 1728
Public Law 100-182, December 7, 1987, 101 Stat. 1266, 1269
AN ACT
To provide for the reporting and disclosure of certain financial transactions
and administrative practices of labor organizations and employers, to prevent
abuses in the administration of trusteeships by labor organizations, to provide
standards with respect to the election of officers of labor organizations, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That this Act may be cited as the "Labor-Management
Reporting and Disclosure Act of 1959."
Declaration of Findings, Purposes, and Policy
(29 U.S.C. 401)
SEC. 2. (a) The Congress finds that, in the public interest, it continues to
be the responsibility of the Federal Government to protect employees' rights
to organize, choose their own representatives, bargain collectively, and otherwise
engage in concerted activities for their mutual aid or protection; that the
relations between employers and labor organizations and the millions of workers
they represent have a substantial impact on the commerce of the Nation; and
that in order to accomplish the objective of a free flow of commerce it is essential
that labor organizations, employers, and their officials adhere to the highest
standards of responsibility and ethical conduct in administering the affairs
of their organizations, particularly as they affect labor-management relations.
(b) The Congress further finds, from recent investigations in the labor and
management fields, that there have been a number of instances of breach of trust,
corruption, disregard of the rights of individual employees, and other failures
to observe high standards of responsibility and ethical conduct which require
further and supplementary legislation that will afford necessary protection
of the rights and interests of employees and the public generally as they relate
to the activities of labor organizations, employers, labor relations consultants,
and their officers and representatives.
(c) The Congress, therefore, further finds and declares that the enactment
of this Act is necessary to eliminate or prevent improper practices on the part
of labor organizations, employers, labor relations consultants, and their officers
and representatives which distort and defeat the policies of the Labor Management
Relations Act, 1947, as amended, and the Railway Labor Act, as amended, and
have the tendency or necessary effect of burdening or obstructing commerce by
(1) impairing the efficiency, safety, or operation of the instrumentalities
of commerce; (2) occurring in the current of commerce; (3) materially affecting,
restraining, or controlling the flow of raw materials or manufactured or processed
goods into or from the channels of commerce, or the prices of such materials
or goods in commerce; or (4) causing diminution of employment and wages in such
volume as substantially to impair or disrupt the market for goods flowing into
or from the channels of commerce.
Definitions
(29 U.S.C. 402)
SEC. 3. For the purposes of titles I, II, III, IV, V (except section 505),
and VI of this Act-
(a) "Commerce" means trade, traffic, commerce, transportation, transmission,
or communication among the several States or between any State and any place
outside thereof.
(b) "State" includes any State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island,
the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental
Shelf Lands Act (43 U.S.C. 1331-1343).
(c) "Industry affecting commerce" means any activity, business, or
industry in commerce or in which a labor dispute would hinder or obstruct commerce
or the free flow of commerce and includes any activity or industry "affecting
commerce" within the meaning of the Labor Management Relations Act, 1947,
as amended, or the Railway Labor Act, as amended.
(d) "Person" includes one or more individuals, labor organizations,
partnerships, associations, corporations, legal representatives, mutual companies,
joint-stock companies, trusts, unincorporated organizations, trustees, trustees
in cases under Title 11 of the United States Code, 2
or receivers.
(e) "Employer" means any employer or any group or association of
employers engaged in an industry affecting commerce (1) which is, with respect
to employees engaged in an industry affecting commerce, an employer within the
meaning of any law of the United States relating to the employment of any employees
or (2) which may deal with any labor organization concerning grievances, labor
disputes, wages, rates of pay, hours of employment, or conditions of work, and
includes any person acting directly or indirectly as an employer or as an agent
of an employer in relation to an employee but does not include the United States
or any corporation wholly owned by the Government of the United States or any
State or political subdivision thereof.
(f) "Employee" means any individual employed by an employer, and
includes any individual whose work has ceased as a consequence of, or in connection
with, any current labor dispute or because of any unfair labor practice or because
of exclusion or expulsion from a labor organization in any manner or for any
reason inconsistent with the requirements of this Act.
(g) "Labor dispute" includes any controversy concerning terms, tenure,
or conditions of employment, or concerning the association or representation
of persons in negotiating, fixing, maintaining, changing, or seeking to arrange
terms or conditions of employment, regardless of whether the disputants stand
in the proximate relation of employer and employee.
(h) "Trusteeship" means any receivership, trusteeship, or other method
of supervision or control whereby a labor organization suspends the autonomy
otherwise available to a subordinate body under its constitution or bylaws.
(i) "Labor organization" means a labor organization engaged in an
industry affecting commerce and includes any organization of any kind, any agency,
or employee representation committee, group, association, or plan so engaged
in which employees participate and which exists for the purpose, in whole or
in part, of dealing with employers concerning grievances, labor disputes, wages,
rates of pay, hours, or other terms or conditions of employment, and any conference,
general committee, joint or system board, or joint council so engaged which
is subordinate to a national or international labor organization, other than
a State or local central body.
(j) A labor organization shall be deemed to be engaged in an industry affecting
commerce if it -
- is the certified representative of employees under the provisions of
the National Labor Relations Act, as amended, or the Railway Labor Act,
as amended; or
- although not certified, is a national or international labor organization
or a local labor organization recognized or acting as the representative
of employees of an employer or employers engaged in an industry affecting
commerce; or
- has chartered a local labor organization or subsidiary body which is
representing or actively seeking to represent employees of employers within
the meaning of paragraph (1) or (2); or
- has been chartered by a labor organization representing or actively
seeking to represent employees within the meaning of paragraph (1) or (2)
as the local or subordinate body through which such employees may enjoy
membership or become affiliated with such labor organization; or
- is a conference, general committee, joint or system board, or joint
council, subordinate to a national or international labor organization,
which includes a labor organization engaged in an industry affecting commerce
within the meaning of any of the preceding paragraphs of this subsection,
other than a State or local central body.
(k) "Secret ballot" means the expression by ballot, voting machine,
or otherwise, but in no event by proxy, of a choice with respect to any election
or vote taken upon any matter, which is cast in such a manner that the person
expressing such choice cannot be identified with the choice expressed.
(1) "Trust in which a labor organization is interested" means a trust
or other fund or organization (1) which was created or established by a labor
organization, or one or more of the trustees or one or more members of the governing
body of which is selected or appointed by a labor organization, and (2) a primary
purpose of which is to provide benefits for the members of such labor organization
or their beneficiaries.
(m) "Labor relations consultant" means any person who, for compensation,
advises or represents an employer, employer organization, or labor organization
concerning employee organizing, concerted activities, or collective bargaining
activities.
(n) "Officer" means any constitutional officer, any person authorized
to perform the functions of president, vice president, secretary, treasurer,
or other executive functions of a labor organization, and any member of its
executive board or similar governing body.
(o) "Member" or "member in good standing", when used in
reference to a labor organization, includes any person who has fulfilled the
requirements for membership in such organization, and who neither has voluntarily
withdrawn from membership nor has been expelled or suspended from membership
after appropriate proceedings consistent with lawful provisions of the constitution
and bylaws of such organization.
(p) "Secretary" means the Secretary of Labor.
(q) "Officer, agent, shop steward, or other representative", when
used with respect to a labor organization, includes elected officials and key
administrative personnel, whether elected or appointed (such as business agents,
heads of departments or major units, and organizers who exercise substantial
independent authority), but does not include salaried nonsupervisory professional
staff, stenographic, and service personnel.
(r) "District court of the United States" means a United States district
court and a United States court of any place subject to the jurisdiction of
the United States.
TITLE I -- BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS
Bill of Rights
(29 U.S.C. 411)
SEC. 101. (a)(1) EQUAL RIGHTS.-- Every member of a labor organization shall
have equal rights and privileges within such organization to nominate candidates,
to vote in elections or referendums of the labor organization, to attend membership
meetings and to participate in the deliberations and voting upon the business
of such meetings, subject to reasonable rules and regulations in such organization's
constitution and bylaws.
(2) FREEDOM OF SPEECH AND ASSEMBLY.-- Every member of any labor organization
shall have the right to meet and assemble freely with other members; and to
express any views, arguments, or opinions; and to express at meetings of the
labor organization his views, upon candidates in an election of the labor organization
or upon any business properly before the meeting, subject to the organization's
established and reasonable rules pertaining to the conduct of meetings: Provided,
That nothing herein shall be construed to impair the right of a labor organization
to adopt and enforce reasonable rules as to the responsibility of every member
toward the organization as an institution and to his refraining from conduct
that would interfere with its performance of its legal or contractual obligations.
(3) DUES, INITIATION FEES, AND ASSESSMENTS.-- Except in the case of a federation
of national or international labor organizations, the rates of dues and initiation
fees payable by members of any labor organization in effect on the date of enactment
of this Act shall not be increased, and no general or special assessment shall
be levied upon such members, except-
(A) in the case of a local organization, (i) by majority vote by secret ballot
of the members in good standing voting at a general or special membership meeting,
after reasonable notice of the intention to vote upon such question, or (ii)
by majority vote of the members in good standing voting in a membership referendum
conducted by secret ballot; or
(B) in the case of a labor organization, other than a local labor organization
or a federation of national or international labor organizations, (i) by majority
vote of the delegates voting at a regular convention, or at a special convention
of such labor organization held upon not less than thirty days' written notice
to the principal office of each local or constituent labor organization entitled
to such notice, or (ii) by majority vote of the members in good standing of
such labor organization voting in a membership referendum conducted by secret
ballot, or (iii) by majority vote of the members of the executive board or similar
governing body of such labor organization, pursuant to express authority contained
in the constitution and bylaws of such labor organization: Provided, That
such action on the part of the executive board or similar governing body shall
be effective only until the next regular convention of such labor organization.
(4) PROTECTION OF THE RIGHT TO SUE.-- No labor organization shall limit the
right of any member thereof to institute an action in any court, or in a proceeding
before any administrative agency, irrespective of whether or not the labor organization
or its officers are named as defendants or respondents in such action or proceeding,
or the right of any member of a labor organization to appear as a witness in
any judicial, administrative, or legislative proceeding, or to petition any
legislature or to communicate with any legislator: Provided, That any
such member may be required to exhaust reasonable hearing procedures (but not
to exceed a four-month lapse of time) within such organization, before instituting
legal or administrative proceedings against such organizations or any officer
thereof: And provided further, That no interested employer or employer
association shall directly or indirectly finance, encourage, or participate
in, except as a party, any such action, proceeding, appearance, or petition.
(5) SAFEGUARDS AGAINST IMPROPER DISCIPLINARY ACTION.-- No member of any labor
organization may be fined, suspended, expelled, or otherwise disciplined except
for nonpayment of dues by such organization or by any officer thereof unless
such member has been (A) served with written specific charges; (B) given a reasonable
time to prepare his defense; (C) afforded a full and fair hearing.
(b) Any provision of the constitution and bylaws of any labor organization
which is inconsistent with the provisions of this section shall be of no force
or effect.
Civil Enforcement
(29 U.S.C. 412)
SEC. 102. Any person whose rights secured by the provisions of this title have
been infringed by any violation of this title may bring a civil action in a
district court of the United States for such relief (including injunctions)
as may be appropriate. Any such action against a labor organization shall be
brought in the district court of the United States for the district where the
alleged violation occurred, or where the principal office of such labor organization
is located.
Retention of Existing Rights
(29 U.S.C. 413)
SEC. 103. Nothing contained in this title shall limit the rights and remedies
of any member of a labor organization under any State or Federal law or before
any court or other tribunal, or under the constitution and bylaws of any labor
organization.
Right to Copies of Collective Bargaining Agreements
(29 U.S.C. 414)
SEC. 104. It shall be the duty of the secretary or corresponding principal
officer of each labor organization, in the case of a local labor organization,
to forward a copy of each collective bargaining agreement made by such labor
organization with any employer to any employee who requests such a copy and
whose rights as such employee are directly affected by such agreement, and in
the case of a labor organization other than a local labor organization, to forward
a copy of any such agreement to each constituent unit which has members directly
affected by such agreement; and such officer shall maintain at the principal
office of the labor organization of which he is an officer copies of any such
agreement made or received by such labor organization, which copies shall be
available for inspection by any member or by any employee whose rights are affected
by such agreement. The provisions of section 210 shall be applicable in the
enforcement of this section.
Information as to Act
(29 U.S.C. 415)
SEC. 105. Every labor organization shall inform its members concerning the
provisions of this Act.
TITLE II -- REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND EMPLOYEES OF LABOR
ORGANIZATIONS, AND EMPLOYERS
Report of Labor Organizations
(29 U.S.C. 431)
SEC. 201. (a) Every labor organization shall adopt a constitution and bylaws
and shall file a copy thereof with the Secretary, together with a report, signed
by its president and secretary or corresponding principal officers, containing
the following information-
(1) the name of the labor organization, its mailing address, and any other
address at which it maintains its principal office or at which it keeps the
records referred to in this title;
(2) the name and title of each of its officers;
(3) the initiation fee or fees required from a new or transferred member and
fees for work permits required by the reporting labor organization;
(4) the regular dues or fees or other periodic payments required to remain
a member of the reporting labor organization; and
(5) detailed statements, or references to specific provisions of documents
filed under this subsection which contain such statements, showing the provisions
made and procedures followed with respect to each of the following: (A) qualifications
for or restrictions on membership, (B) levying of assessments, (C) participation
in insurance or other benefit plans, (D) authorization for disbursement of funds
of the labor organization, (E) audit of financial transactions of the labor
organization, (F) the calling of regular and special meetings, (G) the selection
of officers and stewards and of any representatives to other bodies composed
of labor organizations' representatives, with a specific statement of the manner
in which each officer was elected, appointed, or otherwise selected, (H) discipline
or removal of officers or agents for breaches of their trust, (I) imposition
of fines, suspensions, and expulsions of members, including the grounds for
such action and any provision made for notice, hearing, judgment on the evidence,
and appeal procedures, (J) authorization for bargaining demands, (K) ratification
of contract terms, (L) authorization for strikes, and (M) issuance of work permits.
Any change in the information required by this subsection shall be reported
to the Secretary at the time the reporting labor organization files with the
Secretary the annual financial report required by subsection (b).
(b) Every labor organization shall file annually with the Secretary a financial
report signed by its president and treasurer or corresponding principal officers
containing the following information in such detail as may be necessary accurately
to disclose its financial condition and operations for its preceding fiscal
year-
(1) assets and liabilities at the beginning and end of the fiscal year;
(2) receipts of any kind and the sources thereof,
(3) salary, allowances, and other direct or indirect disbursements (including
reimbursed expenses) to each officer and also to each employee who, during such
fiscal year, received more than $10,000 in the aggregate from such labor organization
and any other labor organization affiliated with it or with which it is affiliated,
or which is affiliated with the same national or international labor organization;
(4) direct and indirect loans made to any officer, employee, or member, which
aggregated more than $250 during the fiscal year, together with a statement
of the purpose, security, if any, and arrangements for repayment;
(5) direct and indirect loans to any business enterprise, together with a statement
of the purpose, security, if any, and arrangements for repayment; and
(6) other disbursements made by it including the purposes thereof, all in such
categories as the Secretary may prescribe.
(c) Every labor organization required to submit a report under this title shall
make available the information required to be contained in such report to all
of its members, and every such labor organization and its officers shall be
under a duty enforceable at the suit of any member of such organization in any
State court of competent jurisdiction or in the district court of the United
States for the district in which such labor organization maintains its principal
office, to permit such member for just cause to examine any books, records,
and accounts necessary to verify such report. The court in such action may,
in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs,
allow a reasonable attorney's fee to be paid by the defendant, and costs of
the action.
(d) Subsections (f), (g), and (h) of section 9 of the National Labor Relations
Act, as amended, are hereby repealed.
(e) Clause (i) of section 8(a)(3) of the National Labor Relations Act, as amended,
is amended by striking out the following: "and has at the time the agreement
was made or within the preceding twelve months received from the Board a notice
of compliance with section 9(f), (g), (h)".
Report of Officers and Employees of Labor Organizations
(29 U.S.C. 432)
SEC. 202. (a) Every officer of a labor organization and every employee of a
labor organization (other than an employee performing exclusively clerical or
custodial services) shall file with the Secretary a signed report listing and
describing for his preceding fiscal year-
(1) any stock, bond, security, or other interest, legal or equitable, which
he or his spouse or minor child directly or indirectly held in, and any income
or any other benefit with monetary value (including reimbursed expenses) which
he or his spouse or minor child derived directly or indirectly from, an employer
whose employees such labor organization represents or is actively seeking to
represent, except payments and other benefits received as a bona fide employee
of such employer;
(2) any transaction in which he or his spouse or minor child engaged, directly
or indirectly, involving any stock, bond, security, or loan to or from, or other
legal or equitable interest in the business of an employer whose employees such
labor organization represents or is actively seeking to represent;
(3) any stock, bond, security, or other interest, legal or equitable, which
he or his spouse or minor child directly or indirectly held in, and any income
or any other benefit with monetary value (including reimbursed expenses) which
he or his spouse or minor child directly or indirectly derived from, any business
a substantial part of which consists of buying from, selling or leasing to,
or otherwise dealing with, the business of an employer whose employees such
labor organization represents or is actively seeking to represent;
(4) any stock, bond, security, or other interest, legal or equitable, which
he or his spouse or minor child directly or indirectly held in, and any income
or any other benefit with monetary value (including reimbursed expenses) which
he or his spouse or minor child directly or indirectly derived from, a business
any part of which consists of buying from, or selling or leasing directly or
indirectly to, or otherwise dealing with such labor organization;
(5) any direct or indirect business transaction or arrangement between him
or his spouse or minor child and any employer whose employees his organization
represents or is actively seeking to represent, except work performed and payments
and benefits received as a bona fide employee of such employer and except purchases
and sales of goods or services in the regular course of business at prices generally
available to any employee of such employer; and
(6) any payment of money or other thing of value (including reimbursed expenses)
which he or his spouse or minor child received directly or indirectly from any
employer or any person who acts as a labor relations consultant to an employer,
except payments of the kinds referred to in section 302(c) of the Labor Management
Relations Act, 1947, as amended.
(b) The provisions of paragraphs (1), (2), (3), (4), and (5) of subsection
(a) shall not be construed to require any such officer or employee to report
his bona fide investments in securities traded on a securities exchange registered
as a national securities exchange under the Securities Exchange Act of 1934,
in shares in an investment company registered under the Investment Company Act
or in securities of a public utility holding company registered under the Public
Utility Holding Company Act of 1935, or to report any income derived therefrom.
(c) Nothing contained in this section shall be construed to require any officer
or employee of a labor organization to file a report under subsection (a) unless
he or his spouse or minor child holds or has held an interest, has received
income or any other benefit with monetary value or a loan, or has engaged in
a transaction described therein.
Report of Employers
(29 U.S.C. 433)
SEC. 203. (a) Every employer who in any fiscal year made –
- any payment or loan, direct or indirect, of money or other thing of value (including reimbursed expenses), or any promise or agreement therefor, to any labor organization or officer, agent, shop steward, or other representative of a labor organization, or employee of any labor organization, except (A) payments or loans made by any national or State bank, credit union, insurance company, savings and loan association or other credit institution and (B) payments of the kind referred to in section 302(c) of the Labor Management Relations Act, 1947, as amended;
- any payment (including reimbursed expenses) to any of his employees, or any group or committee of such employees, for the purpose of causing such employee or group or committee of employees to persuade other employees to exercise or not to exercise, or as the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing unless such payments were contemporaneously or previously disclosed to such other employees;
- any expenditure, during the fiscal year, where an object thereof, directly or indirectly, is to interfere with, restrain, or coerce employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing, or is to obtain information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding;
- any agreement or arrangement with a labor relations consultant or other independent contractor or organization pursuant to which such person undertakes activities where an object thereof, directly or indirectly, is to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing, or undertakes to supply such employer with information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except information for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding; or
- any payment (including reimbursed expenses) pursuant to an agreement or arrangement described in subdivision (4);
shall file with the Secretary a report, in a form prescribed by him, signed by its president and treasurer or corresponding principal officers showing in detail the date and amount of each such payment, loan, promise, agreement, or arrangement and the name, address, and position, if any, in any firm or labor organization of the person to whom it was made and a full explanation of the circumstances of all such payments, including the terms of any agreement or understanding pursuant to which they were made.
(b) Every person who pursuant to any agreement or arrangement with an employer undertakes activities where an object thereof is, directly or indirectly-
- to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing; or
- to supply an employer with information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except information for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding;
shall file within thirty days after entering into such agreement or arrangement a report with the Secretary, signed by its president and treasurer or corresponding principal officers, containing the name under which such person is engaged in doing business and the address of its principal office, and a detailed statement of the terms and conditions of such agreement or arrangement. Every such person shall file annually, with respect to each fiscal year during which payments were made as a result of such an agreement or arrangement, a report with the Secretary, signed by its president and treasurer or corresponding principal officers, containing a statement (A) of its receipts of any kind from employers on account of labor relations advice or services, designating the sources thereof, and (B) of its disbursements of any kind, in connection with such services and the purposes thereof. In each such case such information shall be set forth in such categories as the Secretary may prescribe.
(c) Nothing in this section shall be construed to require any employer or other person to file a report covering the services of such person by reason of his giving or agreeing to give advice to such employer or representing or agreeing to represent such employer before any court, administrative agency, or tribunal of arbitration or engaging or agreeing to engage in collective bargaining on behalf of such employer with respect to wages, hours, or other terms or conditions of employment or the negotiation of an agreement or any question arising thereunder.
(d) Nothing contained in this section shall be construed to require an employer to file a report under subsection (a) unless he has made an expenditure, payment, loan, agreement, or arrangement of the kind described therein. Nothing contained in this section shall be construed to require any other person to file a report under subsection (b) unless he was a party to an agreement or arrangement of the kind described therein.
(e) Nothing contained in this section shall be construed to require any regular officer, supervisor, or employee of an employer to file a report in connection with services rendered to such employer nor shall any employer be required to file a report covering expenditures made to any regular officer, supervisor, or employee of an employer as compensation for service as a regular officer, supervisor, or employee of such employer.
(f) Nothing contained in this section shall be construed as an amendment to, or modification of the rights protected by, section 8(c) of the National Labor Relations Act, as amended.
(g) The term "interfere with, restrain, or coerce" as used in this section means interference, restraint, and coercion which, if done with respect to the exercise of rights guaranteed in section 7 of the National Labor Relations Act, as amended, would, under section 8(a) of such Act, constitute an unfair labor practice.
Attorney-Client Communications Exempted
(29 U.S.C. 434)
SEC. 204. Nothing contained in this Act shall be construed to require an attorney
who is a member in good standing of the bar of any State, to include in any
report required to be filed pursuant to the provisions of this Act any information
which was lawfully communicated to such attorney by any of his clients in the
course of a legitimate attorney-client relationship.
Reports Made Public Information
(29 U.S.C. 435)
SEC. 205. (a)3 The contents of the reports and
documents filed with the Secretary pursuant to sections 201, 202, 203, and
211 shall be public information, and the Secretary may publish any information
and data which he obtains pursuant to the provisions of this title. The Secretary
may use the information and data for statistical and research purposes, and
compile and publish such studies, analyses, reports, and surveys based thereon
as he may deem appropriate.
(b)4 The Secretary shall by regulation make reasonable
provision for the inspection and examination, on the request of any person,
of the information and data contained in any report or other document filed
with him pursuant to section 201, 202, 203, or 211.
(c)5 The Secretary shall by regulation provide
for the furnishing by the Department of Labor of copies of reports or other
documents filed with the Secretary pursuant to this title, upon payment of a
charge based upon the cost of the service. The Secretary shall make available
without payment of a charge, or require any person to furnish, to such State
agency as is designated by law or by the Governor of the State in which such
person has his principal place of business or headquarters, upon request of
the Governor of such State, copies of any reports and documents filed by such
person with the Secretary pursuant to section 201, 202, 203, or 211, or
of information and data contained therein. No person shall be required by reason
of any law of any State to furnish to any officer or agency of such State any
information included in a report filed by such person with the Secretary pursuant
to the provisions of this title, if a copy of such report, or of the portion
thereof containing such information, is furnished to such officer or agency.
All moneys received in payment of such charges fixed by the Secretary pursuant
to this subsection shall be deposited in the general fund of the Treasury.
Retention of Records
(29 U.S.C. 436)
SEC. 206. Every person required to file any report under this title shall maintain
records on the matters required to be reported which will provide in sufficient
detail the necessary basic information and data from which the documents filed
with the Secretary may be verified, explained or clarified, and checked for
accuracy and completeness, and shall include vouchers, worksheets, receipts,
and applicable resolutions, and shall keep such records available for examination
for a period of not less than five years after the filing of the documents based
on the information which they contain.
Effective Date
(29 U.S.C. 437)
SEC. 207. (a) Each labor organization shall file the initial report required
under section 201(a) within ninety days after the date on which it first becomes
subject to this Act.
(b)6Each person required to file a report under
section 201(b), 202, 203(a), the second sentence of section 203(b), or section
211 shall file such report within ninety days after the end of each of its
fiscal years; except that where such person is subject to section 201(b), 202,
203(a), the second sentence of section 203(b), or section 211, as the
case may be, for only a portion of such a fiscal year (because the date of enactment
of this Act occurs during such person's fiscal year or such person becomes subject
to this Act during its fiscal year) such person may consider that portion as
the entire fiscal year in making such report.
Rules and Regulations
(29 U.S.C. 438)
SEC. 208. The Secretary shall have authority to issue, amend, and rescind rules
and regulations prescribing the form and publication of reports required to
be filed under this title and such other reasonable rules and regulations (including
rules prescribing reports concerning trusts in which a labor organization is
interested) as he may find necessary to prevent the circumvention or evasion
of such reporting requirements. In exercising his power under this section the
Secretary shall prescribe by general rule simplified reports for labor organizations
or employers for whom he finds that by virtue of their size a detailed report
would be unduly burdensome, but the Secretary may revoke such provision for
simplified forms of any labor organization or employer if he determines, after
such investigation as he deems proper and due notice and opportunity for a hearing,
that the purposes of this section would be served thereby.
Criminal Provisions
(29 U.S.C. 439)
SEC. 209. (a) Any person who willfully violates this title shall be fined not
more than $10,000 or imprisoned for not more than one year, or both.
(b) Any person who makes a false statement or representation of a material
fact, knowing it to be false, or who knowingly fails to disclose a material
fact, in any document, report, or other information required under the provisions
of this title shall be fined not more than $10,000 or imprisoned for not more
than one year, or both.
(c) Any person who willfully makes a false entry in or willfully conceals,
withholds, or destroys any books, records, reports, or statements required to
be kept by any provision of this title shall be fined not more than $10,000
or imprisoned for not more than one year, or both.
(d) Each individual required to sign reports under sections 201 and 203 shall
be personally responsible for the filing of such reports and for any statement
contained therein which he knows to be false.
Civil Enforcement
(29 U.S.C. 440)
SEC. 210. Whenever it shall appear that any person has violated or is about
to violate any of the provisions of this title, the Secretary may bring a civil
action for such relief (including injunctions) as may be appropriate. Any such
action may be brought in the district court of the United States where the violation
occurred or, at the option of the parties, in the United States District Court
for the District of Columbia.
Surety Company Reports7
(29 U.S.C. 441)
SEC. 211. Each surety company which issues any bond required by this Act
or the Employee Retirement Income Security Act of 1974 shall file annually with
the Secretary, with respect to each fiscal year during which any such bond was
in force, a report, in such form and detail as he may prescribe by regulation,
filed by the president and treasurer or corresponding principal officers of
the surety company, describing its bond experience under each such Act, including
information as to the premiums received, total claims paid, amounts recovered
by way of subrogation, administrative and legal expenses and such related data
and information as the Secretary shall determine to be necessary in the public
interest and to carry out the policy of the Act. Notwithstanding the foregoing,
if the Secretary finds that any such specific information cannot be practicably
ascertained or would be uninformative, the Secretary may modify or waive the
requirement for such information.
TITLE III -- TRUSTEESHIPS
Reports
(29 U.S.C. 461)
SEC. 301. (a) Every labor organization which has or assumes trusteeship over
any subordinate labor organization shall file with the Secretary within thirty
days after the date of the enactment of this Act or the imposition of any such
trusteeship, and semiannually thereafter, a report, signed by its president
and treasurer or corresponding principal officers, as well as by the trustees
of such subordinate labor organization, containing the following information:
(1) the name and address of the subordinate organization; (2) the date of establishing
the trusteeship; (3) a detailed statement of the reason or reasons for establishing
or continuing the trusteeship; and (4) the nature and extent of participation
by the membership of the subordinate organization in the selection of delegates
to represent such organization in regular or special conventions or other policy-determining
bodies and in the election of officers of the labor organization which has assumed
trusteeship over such subordinate organization. The initial report shall also
include a full and complete account of the financial condition of such subordinate
organization as of the time trusteeship was assumed over it. During the continuance
of a trusteeship the labor organization which has assumed trusteeship over a
subordinate labor organization shall file on behalf of the subordinate labor
organization the annual financial report required by section 201(b) signed by
the president and treasurer or corresponding principal officers of the labor
organization which has assumed such trusteeship and the trustees of the subordinate
labor organization.
(b) The provisions of section 201(c), 205, 206, 208, and 210 shall be applicable
to reports filed under this title.
(c) Any person who willfully violates this section shall be fined not more
than $10,000 or imprisoned for not more than one year, or both.
(d) Any person who makes a false statement or representation of a material
fact, knowing it to be false, or who knowingly fails to disclose a material
fact, in any report required under the provisions of this section or willfully
makes any false entry in or willfully withholds, conceals, or destroys any documents,
books, records, reports, or statements upon which such report is based, shall
be fined not more than $10,000 or imprisoned for not more than one year, or
both.
(e) Each individual required to sign a report under this section shall be personally
responsible for the filing of such report and for any statement contained therein
which he knows to be false.
Purposes for Which a Trusteeship May Be Established
(29 U.S.C. 462)
SEC. 302. Trusteeships shall be established and administered by a labor organization
over a subordinate body only in accordance with the constitution and bylaws
of the organization which has assumed trusteeship over the subordinate body
and for the purpose of correcting corruption or financial malpractice, assuring
the performance of collective bargaining agreements or other duties of a bargaining
representative, restoring democratic procedures, or otherwise carrying out the
legitimate objects of such labor organization.
Unlawful Acts Relating to Labor Organization Under Trusteeship
(29 U.S.C. 463)
SEC. 303. (a) During any period when a subordinate body of a labor organization
is in trusteeship, it shall be unlawful (1) to count the vote of delegates from
such body in any convention or election of officers of the labor organization
unless the delegates have been chosen by secret ballot in an election in which
all the members in good standing of such subordinate body were eligible to participate
or (2) to transfer to such organization any current receipts or other funds
of the subordinate body except the normal per capita tax and assessments payable
by subordinate bodies not in trusteeship: Provided, That nothing herein
contained shall prevent the distribution of the assets of a labor organization
in accordance with its constitution and bylaws upon the bona fide dissolution
thereof.
(b) Any person who willfully violates this section shall be fined not more
than $10,000 or imprisoned for not more than one year, or both.
Enforcement
(29 U.S.C. 464)
SEC. 304. (a) Upon the written complaint of any member or subordinate body
of a labor organization alleging that such organization has violated the provisions
of this title (except section 301) the Secretary shall investigate the complaint
and if the Secretary finds probable cause to believe that such violation has
occurred and has not been remedied he shall, without disclosing the identity
of the complainant, bring a civil action in any district court of the United
States having jurisdiction of the labor organization for such relief (including
injunctions) as may be appropriate. Any member or subordinate body of a labor
organization affected by any violation of this title (except section 301) may
bring a civil action in any district court of the United States having jurisdiction
of the labor organization for such relief (including injunctions) as may be
appropriate.
(b) For the purpose of actions under this section, district courts of the United
States shall be deemed to have jurisdiction of a labor organization (1) in the
district in which the principal office of such labor organization is located,
or (2) in any district in which its duly authorized officers or agents are engaged
in conducting the affairs of the trusteeship.
(c) In any proceeding pursuant to this section a trusteeship established by
a labor organization in conformity with the procedural requirements of its constitution
and bylaws and authorized or ratified after a fair hearing either before the
executive board or before such other body as may be provided in accordance with
its constitution or bylaws shall be presumed valid for a period of eighteen
months from the date of its establishment and shall not be subject to attack
during such period except upon clear and convincing proof that the trusteeship
was not established or maintained in good faith for a purpose allowable under
section 302. After the expiration of eighteen months the trusteeship shall be
presumed invalid in any such proceeding and its discontinuance shall be decreed
unless the labor organization shall show by clear and convincing proof that
the continuation of the trusteeship is necessary for a purpose allowable under
section 302. In the latter event the court may dismiss the complaint or retain
jurisdiction of the cause on such conditions and for such period as it deems
appropriate.
Report to Congress
(29 U.S.C. 465)
SEC. 305. The Secretary shall submit to the Congress at the expiration of three
years from the date of enactment of this Act a report upon the operation of
this title.
Complaint by Secretary
(29 U.S.C. 466)
SEC. 306. The rights and remedies provided by this title shall be in addition
to any and all other rights and remedies at law or in equity: Provided, That
upon the filing of a complaint by the Secretary the jurisdiction of the district
court over such trusteeship shall be exclusive and the final judgment shall
be res judicata.
TITLE IV - ELECTIONS
Terms of Office; Election Procedures
(29 U.S.C. 481)
SEC. 401. (a) Every national or international labor organization, except a
federation of national or international labor organizations, shall elect its
officers not less often than once every five years either by secret ballot among
the members in good standing or at a convention of delegates chosen by secret
ballot.
(b) Every local labor organization shall elect its officers not less often
than once every three years by secret ballot among the members in good standing.
(c) Every national or international labor organization, except a federation
of national or international labor organizations, and every local labor organization,
and its officers, shall be under a duty, enforceable at the suit of any bona
fide candidate for office in such labor organization in the district court of
the United States in which such labor organization maintains its principal office,
to comply with all reasonable requests of any candidate to distribute by mail
or otherwise at the candidate's expense campaign literature in aid of such person's
candidacy to all members in good standing of such labor organization and to
refrain from discrimination in favor of or against any candidate with respect
to the use of lists of members, and whenever such labor organizations or its
officers authorize the distribution by mail or otherwise to members of campaign
literature on behalf of any candidate or of the labor organization itself with
reference to such election, similar distribution at the request of any other
bona fide candidate shall be made by such labor organization and its officers,
with equal treatment as to the expense of such distribution. Every bona fide
candidate shall have the right, once within 30 days prior to an election of
a labor organization in which he is a candidate, to inspect a list containing
the names and last known addresses of all members of the labor organization
who are subject to a collective bargaining agreement requiring membership therein
as a condition of employment, which list shall be maintained and kept at the
principal office of such labor organization by a designated official thereof.
Adequate safeguards to insure a fair election shall be provided, including the
right of any candidate to have an observer at the polls and at the counting
of the ballots.
(d) Officers of intermediate bodies, such as general committees, system boards,
joint boards, or joint councils, shall be elected not less often than once every
four years by secret ballot among the members in good standing or by labor organization
officers representative of such members who have been elected by secret ballot.
(e) In any election required by this section which is to be held by secret
ballot a reasonable opportunity shall be given for the nomination of candidates
and every member in good standing shall be eligible to be a candidate and to
hold office (subject to section 504 and to reasonable qualifications uniformly
imposed) and shall have the right to vote for or otherwise support the candidate
or candidates of his choice, without being subject to penalty, discipline, or
improper interference or reprisal of any kind by such organization or any member
thereof. Not less than fifteen days prior to the election notice thereof shall
be mailed to each member at his last known home address. Each member in good
standing shall be entitled to one vote. No member whose dues have been withheld
by his employer for payment to such organization pursuant to his voluntary authorization
provided for in a collective bargaining agreement shall be declared ineligible
to vote or be a candidate for office in such organization by reason of alleged
delay or default in the payment of dues. The votes cast by members of each local
labor organization shall be counted, and the results published, separately.
The election officials designated in the constitution and bylaws or the secretary,
if no other official is designated, shall preserve for one year the ballots
and all other records pertaining to the election. The election shall be conducted
in accordance with the constitution and bylaws of such organization insofar
as they are not inconsistent with the provisions of this title.
(f) When officers are chosen by a convention of delegates elected by secret
ballot, the convention shall be conducted in accordance with the constitution
and bylaws of the labor organization insofar as they are not inconsistent with
the provisions of this title. The officials designated in the constitution and
bylaws or the secretary, if no other is designated, shall preserve for one year
the credentials of the delegates and all minutes and other records of the convention
pertaining to the election of officers.
(g) No moneys received by any labor organization by way of dues, assessment,
or similar levy, and no moneys of an employer shall be contributed or applied
to promote the candidacy of any person in an election subject to the provisions
of this title. Such moneys of a labor organization may be utilized for notices,
factual statements of issues not involving candidates, and other expenses necessary
for the holding of an election.
(h) If the Secretary, upon application of any member of a local labor organization,
finds after hearing in accordance with the Administrative Procedure Act that
the constitution and bylaws of such labor organization do not provide an adequate
procedure for the removal of an elected officer guilty of serious misconduct,
such officer may be removed, for cause shown and after notice and hearing, by
the members in good standing voting in a secret ballot conducted by the officers
of such labor organization in accordance with its constitution and bylaws insofar
as they are not inconsistent with the provisions of this title.
(i) The Secretary shall promulgate rules and regulations prescribing minimum
standards and procedures for determining the adequacy of the removal procedures
to which reference is made in subsection (h).
Enforcement
(29 U.S.C. 482)
SEC. 402. (a) A member of a labor organization-
- who has exhausted the remedies available under the constitution and bylaws
of such organization and of any parent body, or
- who has invoked such available remedies without obtaining a final decision
within three calendar months after their invocation,
may file a complaint with the Secretary within one calendar month thereafter
alleging the violation of any provision of section 401 (including violation
of the constitution and bylaws of the labor organization pertaining to the election
and removal of officers). The challenged election shall be presumed valid pending
a final decision thereon (as hereinafter provided) and in the interim the affairs
of the organization shall be conducted by the officers elected or in such other
manner as its constitution and bylaws may provide.
(b) The Secretary shall investigate such complaint and, if he finds probable
cause to believe that a violation of this title has occurred and has not been
remedied, he shall, within sixty days after the filing of such complaint, bring
a civil action against the labor organization as an entity in the district court
of the United States in which such labor organization maintains its principal
office to set aside the invalid election, if any, and to direct the conduct
of an election or hearing and vote upon the removal of officers under the supervision
of the Secretary and in accordance with the provisions of this title and such
rules and regulations as the Secretary may prescribe. The court shall have power
to take such action as it deems proper to preserve the assets of the labor organization.
(c) If, upon a preponderance of the evidence after a trial upon the merits,
the court finds-
- that an election has not been held within the time prescribed by
section 401, or
- that the violation of section 401 may have affected the outcome of an election,
the court shall declare the election, if any, to be void and direct the conduct
of a new election under supervision of the Secretary and, so far as lawful and
practicable, in conformity with the constitution and bylaws of the labor organization.
The Secretary shall promptly certify to the court the names of the persons elected,
and the court shall thereupon enter a decree declaring such persons to be the
officers of the labor organization. If the proceeding is for the removal of
officers pursuant to subsection (h) of section 401, the Secretary shall certify
the results of the vote and the court shall enter a decree declaring whether
such persons have been removed as officers of the labor organization.
(d) An order directing an election, dismissing a complaint, or designating
elected officers of a labor organization shall be appealable in the same manner
as the final judgment in a civil action, but an order directing an election
shall not be stayed pending appeal.
Application of Other Laws
(29 U.S.C. 483)
SEC. 403. No labor organization shall be required by law to conduct elections
of officers with greater frequency or in a different form or manner than is
required by its own constitution or bylaws, except as otherwise provided by
this title. Existing rights and remedies to enforce the constitution and bylaws
of a labor organization with respect to elections prior to the conduct thereof
shall not be affected by the provisions of this title. The remedy provided by
this title for challenging an election already conducted shall be exclusive.
Effective Date
(29 U.S.C. 484)
SEC. 404. The provisions of this title shall become applicable-
- ninety days after the date of enactment of this Act in the case of a labor
organization whose constitution and bylaws can lawfully be modified or amended
by action of its constitutional officers or governing body, or
- where such modification can only be made by a constitutional convention
of the labor organization, not later than the next constitutional convention
of such labor organization after the date of enactment of this Act, or one year
after such date, whichever is sooner. If no such convention is held within such
one-year period, the executive board or similar governing body empowered to
act for such labor organization between conventions is empowered to make such
interim constitutional changes as are necessary to carry out the provisions
of this title.
TITLE V-SAFEGUARDS FOR LABOR ORGANIZATIONS
Fiduciary Responsibility of Officers of Labor Organizations
(29 U.S.C. 501)
SEC. 501. (a) The officers, agents, shop stewards, and other representatives
of a labor organization occupy positions of trust in relation to such organization
and its members as a group. It is, therefore, the duty of each such person,
taking into account the special problems and functions of a labor organization,
to hold its money and property solely for the benefit of the organization and
its members and to manage, invest, and expend the same in accordance with its
constitution and bylaws and any resolutions of the governing bodies adopted
thereunder, to refrain from dealing with such organization as an adverse party
or in behalf of an adverse party in any matter connected with his duties and
from holding or acquiring any pecuniary or personal interest which conflicts
with the interests of such organization, and to account to the organization
for any profit received by him in whatever capacity in connection with transactions
conducted by him or under his direction on behalf of the organization. A general
exculpatory provision in the constitution and bylaws of such a labor organization
or a general exculpatory resolution of a governing body purporting to relieve
any such person of liability for breach of the duties declared by this section
shall be void as against public policy.
(b) When any officer, agent, shop steward, or representative of any labor organization
is alleged to have violated the duties declared in subsection (a) and the labor
organization or its governing board or officers refuse or fail to sue or recover
damages or secure an accounting or other appropriate relief within a reasonable
time after being requested to do so by any member of the labor organization,
such member may sue such officer, agent, shop steward, or representative in
any district court of the United States or in any State court of competent jurisdiction
to recover damages or secure an accounting or other appropriate relief for the
benefit of the labor organization. No such proceeding shall be brought except
upon leave of the court obtained upon verified application and for good cause
shown which application may be made ex parte. The trial judge may allot a reasonable
part of the recovery in any action under this subsection to pay the fees of
counsel prosecuting the suit at the instance of the member of the labor organization
and to compensate such member for any expenses necessarily paid or incurred
by him in connection with the litigation.
(c) Any person who embezzles, steals, or unlawfully and willfully abstracts
or converts to his own use, or the use of another, any of the moneys, funds,
securities, property, or other assets of a labor organization of which he is
an officer, or by which he is employed, directly or indirectly, shall be fined
not more than $10,000 or imprisoned for not more than five years, or both.
Bonding
(29 U.S.C. 502)
SEC. 502. (a)8 Every officer, agent, shop steward,
or other representative or employee of any labor organization (other than a
labor organization whose property and annual financial receipts do not exceed
$5,000 in value), or of a trust in which a labor organization is interested,
who handles funds or other property thereof shall be bonded to provide protection
against loss by reason of acts of fraud or dishonesty on his part directly or
through connivance with others. The bond of each such person shall be fixed
at the beginning of the organization's fiscal year and shall be in an amount
not less than 10 per centum of the funds handled by him and his predecessor
or predecessors, if any, during the preceding fiscal year, but in no case more
than $500,000. If the labor organization or the trust in which a labor organization
is interested does not have a preceding fiscal year, the amount of the bond
shall be, in the case of a local labor organization, not less than $1,000, and
in the case of any other labor organization or of a trust in which a labor organization
is interested, not less than $10,000. Such bonds shall be individual or schedule
in form, and shall have a corporate surety company as surety thereon. Any person
who is not covered by such bonds 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.
No such bond shall be placed through an agent or broker or with a surety company
in which any labor organization or any officer, agent, shop steward, or other
representative of a labor organization has any direct or indirect interest.
Such surety company shall be a corporate surety which holds a grant of authority
from the Secretary of the Treasury under the Act of July 30, 1947 (6 U.S.C.
6-13), as an acceptable surety on Federal bonds: Provided, That
when in the opinion of the Secretary a labor organization has made other bonding
arrangements which would provide the protection required by this section at
comparable cost or less, he may exempt such labor organization from placing
a bond through a surety company holding such grant of authority.
(b) Any person who willfully violates this section shall be fined not more
than $10,000 or imprisoned for not more than one year, or both.
Making of Loans; Payment of Fines
(29 U.S.C. 503)
SEC. 503. (a) No labor organization shall make directly or indirectly any loan
or loans to any officer or employee of such organization which results in a
total indebtedness on the part of such officer or employee to the labor organization
in excess of $2,000.
(b) No labor organization or employer shall directly or indirectly pay the
fine of any officer or employee convicted of any willful violation of this Act.
(c) Any person who willfully violates this section shall be fined not more
than $5,000 or imprisoned for not more than one year, or both.
Prohibition Against Certain Persons Holding Office
(29 U.S.C. 504)
SEC. 504. (a) No person who is or has been a member of the Communist Party
9 or who has been convicted of, or served any part
of a prison term resulting from his conviction of, robbery, bribery, extortion,
embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder,
rape, assault with intent to kill, assault which inflicts grievous bodily injury,
or a violation of title II or III of this Act, 10
any felony involving abuse or misuse of such person's position or employment
in a labor organization or employee benefit plan to seek or obtain an illegal
gain at the expense of the members of the labor organization or the beneficiaries
of the employee benefit plan, or conspiracy to commit any such crimes or attempt
to commit any such crimes, or a crime in which any of the foregoing crimes is
an element, shall serve or be permitted to serve -
- as a consultant or adviser to any labor organization,
- as an officer, director, trustee, member of any executive board or similar
governing body, business agent, manager, organizer, employee, or representative
in any capacity of any labor organization,
- as a labor relations consultant or adviser to a person engaged in an
industry or activity affecting commerce, or as an officer, director, agent,
or employee of any group or association of employers dealing with any labor
organization, or in a position having specific collective bargaining authority
or direct responsibility in the area of labor-management relations in any
corporation or association engaged in an industry or activity affecting
commerce, or
- in a position which entitles its occupant to a share of the proceeds
of, or as an officer or executive or administrative employee of, any entity
whose activities are in whole or substantial part devoted to providing goods
or services to any labor organization, or
- in any capacity, other than in his capacity as a member of such labor
organization, that involves decisionmaking authority concerning, or decisionmaking
authority over, or custody of, or control of the moneys, funds, assets,
or property of any labor organization,
during or for the period of thirteen years after such conviction or after
the end of such imprisonment, whichever is later, unless the sentencing court
on the motion of the person convicted sets a lesser period of at least three
years after such conviction or after the end of such imprisonment, whichever
is later, or unless prior to the end of such period, in the case of a person
so convicted or imprisoned,
- his citizenship rights, having been revoked
as a result of such conviction, have been fully restored, or
- if the offense
is a Federal offense, the sentencing judge or, if the offense is a State or
local offense, the United States district court for the district in which the
offense was committed, pursuant to sentencing guidelines and policy statements
under section 994(a) of title 28, United States Code, determines that such person's
service in any capacity referred to in clauses (1) through (5) would not be
contrary to the purposes of this Act. Prior to making any such determination
the court shall hold a hearing and shall give notice of such proceeding by certified
mail to the Secretary of Labor and to State, county, and Federal prosecuting
officials in the jurisdiction or jurisdictions in which such person was convicted.
The court's determination in any such proceeding shall be final. No person shall
knowingly hire, retain, employ, or otherwise place any other person to serve
in any capacity in violation of this subsection.
(b) Any person who willfully violates this section shall be fined not more
than $10,000 or imprisoned for not more than five years, or both.
(c) For the purpose of this section-
- A person shall be deemed to have been "convicted" and under
the disability of "conviction" from the date of the judgment of
the trial court, regardless of whether that judgment remains under appeal.
- A period of parole shall not be considered as part of a period of imprisonment.
(d) Whenever any person-
- by operation of this section, has been barred from office or other
position in a labor organization as a result of a conviction, and
- has filed an appeal of that conviction,
any salary which would be otherwise due such person by virtue of such office
or position, shall be placed in escrow by the individual employer or organization
responsible for payment of such salary. Payment of such salary into escrow shall
continue for the duration of the appeal or for the period of time during which
such salary would be otherwise due, whichever period is shorter. Upon the final
reversal of such person's conviction on appeal, the amounts in escrow shall
be paid to such person. Upon the final sustaining of such person's conviction
on appeal, the amounts in escrow shall be returned to the individual employer
or organization responsible for payments of those amounts. Upon final reversal
of such person's conviction, such person shall no longer be barred by this statute
from assuming any position from which such person was previously barred.
Amendment to Section 302, Labor Management Relations Act, 1947
SEC. 505. Subsections (a), (b), and (c) of section 302 of the Labor Management
Relations Act, 1947, as amended, are amended to read as follows:
11SEC. 302. (a) It shall be unlawful for any employer
or association of employers or any person who acts as a labor relations expert,
adviser, or consultant to an employer or who acts in the interest of an employer
to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or other
thing of value-
- to any representative of any of his employees who are employed in an
industry affecting commerce; or
- to any labor organization, or any officer or employee thereof, which
represents, seeks to represent, or would admit to membership, any of the
employees of such employer who are employed in an industry affecting commerce;
or
- to any employee or group or committee of employees of such employer
employed in an industry affecting commerce in excess of their normal compensation
for the purpose of causing such employee or group or committee directly
or indirectly to influence any other employees in the exercise of the right
to organize and bargain collectively through representatives of their own
choosing; or
- to any officer or employee of a labor organization engaged in an industry
affecting commerce with intent to influence him in respect to any of his
actions, decisions, or duties as a representative of employees or as such
officer or employee of such labor organization.
(b)(1) It shall be unlawful for any person to request, demand, receive, or
accept, or agree to receive or accept, any payment, loan, or delivery of any
money or other thing of value prohibited by subsection (a).
(2) It shall be unlawful for any labor organization, or for any person acting
as an officer, agent, representative, or employee of such labor organization,
to demand or accept from the operator of any motor vehicle (as defined in section
10101 of Title 49)12 employed in the transportation
of property in commerce, or the employer of any such operator, any money or
other thing of value payable to such organization or to an officer, agent, representative
or employee thereof as a fee or charge for the unloading, or in connection with
the unloading, of the cargo of such vehicle: Provided, That nothing in
this paragraph shall be construed to make unlawful any payment by an employer
to any of his employees as compensation for their services as employees.
(c) The provisions of this section shall not be applicable
- in respect
to any money or other thing of value payable by an employer to any of his employees
whose established duties include acting openly for such employer in matters
of labor relations or personnel administration or to any representative of his
employees, or to any officer or employee of a labor organization, who is also
an employee or former employee of such employer, as compensation for, or by
reason of, his service as an employee of such employer;
- with respect to
the payment or delivery of any money or other thing of value in satisfaction
of a judgment of any court or a decision or award of an arbitrator or impartial
chairman or in compromise, adjustment, settlement, or release of any claim,
complaint, grievance, or dispute in the absence of fraud or duress;
- with
respect to the sale or purchase of an article or commodity at the prevailing
market price in the regular course of business;
- with respect to money deducted
from the wages of employees in payment of membership dues in a labor organization:
Provided, That the employer has received from each employee, on whose
account such deductions are made, a written assignment which shall not be irrevocable
for a period of more than one year, or beyond the termination date of the applicable
collective agreement, whichever occurs sooner;
- with respect to money or
other thing of value paid to a trust fund established by such representative,
for the sole and exclusive benefit of the employees of such employer, and their
families and dependents (or of such employees, families, and dependents jointly
with the employees of other employers making similar payments, and their families
and dependents): Provided, That
- such payments are held in trust for
the purpose of paying, either from principal or income or both, for the benefit
of employees, their families and dependents, for medical or hospital care, pensions
on retirement or death of employees, compensation for injuries or illness resulting
from occupational activity or insurance to provide any of the foregoing, or
unemployment benefits or life insurance, disability and sickness insurance,
or accident insurance;
- the detailed basis on which such payments are to
be made is specified in a written agreement with the employer, and employees
and employers are equally represented in the administration of such fund, together
with such neutral persons as the representatives of the employers and the representatives
of employees may agree upon and in the event the employer and employee groups
deadlock on the administration of such fund and there are no neutral persons
empowered to break such deadlock, such agreement provides that the two groups
shall agree on an impartial umpire to decide such dispute, or in event of their
failure to agree within a reasonable length of time, an impartial umpire to
decide such dispute shall, on petition of either group, be appointed by the
district court of the United States for the district where the trust fund has
its principal office, and shall also contain provisions for an annual audit
of the trust fund, a statement of the results of which shall be available for
inspection by interested persons at the principal office of the trust fund and
at such other places as may be designated in such written agreement; and
-
such payments as are intended to be used for the purpose of providing pensions
or annuities for employees are made to a separate trust which provides that
the funds held therein cannot be used for any purpose other than paying such
pensions or annuities;
- with respect to money or other thing of value paid
by any employer to a trust fund established by such representative for the purpose
of pooled vacation, holiday, severance or similar benefits, or defraying costs
of apprenticeship or other training programs: Provided, That the requirements
of clause (B) of the proviso to clause (5) of this subsection shall apply to
such trust funds;
- with respect to money or other thing of value paid by
any employer to a pooled or individual trust fund established by such representative
for the purpose of
- scholarships for the benefit of employees, their families,
and dependents for study at educational institutions,
- child care centers
for preschool and school age dependents of employees, or
- financial assistance
for employee housing:13 Provided, That
no labor organization or employer shall be required to bargain on the establishment
of any such trust fund, and refusal to do so shall not constitute an unfair
labor practice: Provided further, That the requirements of clause (B)
of the proviso to clause (5) of this subsection shall apply to such trust funds;
- with respect to money or any other thing of value paid by any employer to
a trust fund established by such representative for the purpose of defraying
the costs of legal services for employees, their families, and dependents for
counsel or plan of their choice: Provided, That the requirements of clause
(B) of the proviso to clause (5) of this subsection shall apply to such trust
funds: Provided further, That no such legal services shall be
furnished:
- to initiate any proceeding directed (i) against any such employer
or its officers or agents except in workman's compensation cases, or (ii) against
such labor organization, or its parent or subordinate bodies, or their officers
or agents, or (iii) against any other employer or labor organization, or their
officers or agents, in any matter arising under the National Labor Relations
Act, as amended, or this Act; and
- in any proceeding where a labor organization
would be prohibited from defraying the costs of legal services by the provisions
of the Labor-Management Reporting and Disclosure Act of 1959; or
- with respect
to money or other things of value paid by an employer to a plant, area or industrywide
labor management committee established for one or more of the purposes set forth
in section 5(b) 14 of the Labor Management Cooperation
Act of 1978.15
[The remaining subsections, (d) through (g), of section 302 of the Labor
Management Relations Act, 1947, are found at 29 U.S.C. 186(d) through (g).]
TITLE VI -- MISCELLANEOUS PROVISIONS
Investigations
(29 U.S.C. 521)
SEC. 601. (a) The Secretary shall have power when he believes it necessary
in order to determine whether any person has violated or is about to violate
any provision of this Act (except title I or amendments made by this Act to
other statutes) to make an investigation and in connection therewith he may
enter such places and inspect such records and accounts and question such persons
as he may deem necessary to enable him to determine the facts relative thereto.
The Secretary may report to interested persons or officials concerning the facts
required to be shown in any report required by this Act and concerning the reasons
for failure or refusal to file such a report or any other matter which he deems
to be appropriate as a result of such an investigation.
(b) For the purpose of any investigation provided for in this Act, the provisions
of sections 9 and 10 (relating to the attendance of witnesses and the production
of books, papers, and documents) of the Federal Trade Commission Act of September
16, 1914, as amended (15 U.S.C. 49, 50), are hereby made applicable to the jurisdiction,
powers, and duties of the Secretary or any officers designated by him.
Extortionate Picketing
(29 U.S.C. 522)
SEC. 602. (a) It shall be unlawful to carry on picketing on or about the premises
of any employer for the purpose of, or as part of any conspiracy or in furtherance
of any plan or purpose for, the personal profit or enrichment of any individual
(except a bona fide increase in wages or other employee benefits) by taking
or obtaining any money or other thing of value from such employer against his
will or with his consent.
(b) Any person who willfully violates this section shall be fined not more
than $10,000 or imprisoned not more than twenty years, or both.
Retention of Rights Under Other Federal and State Laws
(29 U.S.C. 523)
SEC. 603. (a) Except as explicitly provided to the contrary, nothing in this
Act shall reduce or limit the responsibilities of any labor organization or
any officer, agent, shop steward, or other representative of a labor organization,
or of any trust in which a labor organization is interested, under any other
Federal law or under the laws of any State, and, except as explicitly provided
to the contrary, nothing in this Act shall take away any right or bar any remedy
to which members of a labor organization are entitled under such other Federal
law or law of any State.
(b) Nothing contained in titles I, II, III, IV, V, or VI of this Act shall
be construed to supersede or impair or otherwise affect the provisions of the
Railway Labor Act, as amended, or any of the obligations, rights, benefits,
privileges, or immunities of any carrier, employee, organization, representative,
or person subject thereto; nor shall anything contained in said titles (except
section 505) of this Act be construed to confer any rights, privileges,
immunities, or defenses upon employers, or to impair or otherwise affect the
rights of any person under the National Labor Relations Act, as amended.
Effect on State Laws
(29 U.S.C. 524)
SEC. 604. Nothing in this Act shall be construed to impair or diminish the
authority of any State to enact and enforce general criminal laws with respect
to robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson,
violation of narcotics laws, murder, rape, assault with intent to kill, or assault
which inflicts grievous bodily injury, or conspiracy to commit any of such crimes.
Service of Process
29 U.S.C. 525)
SEC. 605. For the purposes of this Act, service of summons, subpena, or other
legal process of a court of the United States upon an officer or agent of a
labor organization in his capacity as such shall constitute service upon the
labor organization.
Administrative Procedure Act
(29 U.S.C. 526)
SEC. 606. The provisions of the Administrative Procedure Act shall be applicable
to the issuance, amendment, or rescission of any rules or regulations or any
adjudication, authorized or required pursuant to the provisions of this Act.
Other Agencies and Departments
(29 U.S.C. 527)
SEC. 607. In order to avoid unnecessary expense and duplication of functions
among Government agencies, the Secretary may make such arrangements or agreements
for cooperation or mutual assistance in the performance of his functions under
this Act and the functions of any such agency as he may find to be practicable
and consistent with law. The Secretary may utilize the facilities or services
of any department, agency, or establishment of the United States or of any State
or political subdivision of a State, including the services of any of its employees,
with the lawful consent of such department, agency, or establishment; and each
department, agency, or establishment of the United States is authorized and
directed to cooperate with the Secretary and, to the extent permitted by law,
to provide such information and facilities as he may request for his assistance
in the performance of his functions under this Act. The Attorney General or
his representative shall receive from the Secretary for appropriate action such
evidence developed in the performance of his functions under this Act as may
be found to warrant consideration for criminal prosecution under the provisions
of this Act or other Federal law.
Criminal Contempt
(29 U.S.C. 528)
SEC. 608. No person shall be punished for any criminal contempt allegedly committed
outside the immediate presence of the court in connection with any civil action
prosecuted by the Secretary or any other person in any court of the United States
under the provisions of this Act unless the facts constituting such criminal
contempt are established by the verdict of the jury in a proceeding in the district
court of the United States, which jury shall be chosen and empaneled in the
manner prescribed by the law governing trial juries in criminal prosecutions
in the district courts of the United States.
Prohibition on Certain Discipline by Labor Organization
(29 U.S.C. 529)
SEC. 609. It shall be unlawful for any labor organization, or any officer,
agent, shop steward, or other representative of a labor organization, or any
employee thereof to fine, suspend, expel, or otherwise discipline any of its
members for exercising any right to which he is entitled under the provisions
of this Act. The provisions of section 102 shall be applicable in the enforcement
of this section.
Deprivation of Rights Under Act by Violence
(29 U.S.C. 530)
SEC. 610. It shall be unlawful for any person through the use of force or violence,
or threat of the use of force or violence, to restrain, coerce, or intimidate,
or attempt to restrain, coerce, or intimidate any member of a labor organization
for the purpose of interfering with or preventing the exercise of any right
to which he is entitled under the provisions of this Act. Any person who willfully
violates this section shall be fined not more than $1,000 or imprisoned for
not more than one year, or both.
Separability Provisions
(29 U.S.C. 531)
SEC. 611. If any provision of this Act, or the application of such provision
to any person or circumstances, shall be held invalid, the remainder of this
Act or the application of such provision to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby.
TITLE VII -- AMENDMENTS TO THE LABOR MANAGEMENT RELATIONS ACT, 1947, AS
AMENDED
[The text of sections 701 through 707 is not included here. However, the
complete text of Title VII, Amendments to the Labor Management Relations Act,
1947, As Amended, may be found in Public Law 86-257.]
Endnotes
1This revised text has
been prepared by the U.S. Department of Labor.
2Section 320 of Public
Law 95-598 (92 Stat. 2678), Nov. 6, 1978, substituted "cases under Title
11 of the United States Code" for "bankruptcy".
3Prior to amendment by
section 2(a) of Public Law 89-216, the first sentence of section 205(a) read
as follows: "Sec. 205. (a) The contents of the reports and documents filed
with the Secretary pursuant to sections 201, 202, and 203 shall be public information,
and the Secretary may publish any information and data which he obtains pursuant
to the provisions of this title."
4Prior
to amendment by section 2(b) of Public Law 89-216, section 205(b) read as follows:
"(b) The Secretary shall by regulation make reasonable provision for the
inspection and examination, on the request of any person, of the information
and data contained in any report or other document filed with him pursuant to
section 201, 202, or 203."
5Prior
to amendment by section 2(c) of Public Law 89-216, the second sentence of section
205(c) read as follows: "The Secretary shall make available without payment
of a charge, or require any person to furnish, to such State agency as is designated
by law or by the Governor of the State in which such person has his principal
place of business or headquarters upon request of the Governor of such State,
copies of any reports and documents filed by such person with the Secretary
pursuant to section 201, 202, or 203, or of information and data contained therein."
6Prior
to amendment by section 2(d) of Public Law 89-216, section 207(b) read as follows:
"(b) Each person required to file a report under section 201(b), 202, 203(a),
or the second sentence of 203(b) shall file such report within ninety days after
the end of each of its fiscal years; except that where such person is subject
to section 201(b), 202, 203(a), or the second section of 203(b), as the case
may be, for only a portion of such a fiscal year (because the date of enactment
of this Act occurs during such person's fiscal year or such person becomes subject
to this Act during its fiscal year) such person may consider that portion as
the entire fiscal year in making such report."
7Section
211 was added by section 3 of Public Law 99-216 (79 Stat. 888); section 111(a)(2)(D)
of Public Law 93-406 (88 Stat. 852), Sept. 2, 1974, substituted "Employee
Retirement Income Security Act of 1974" for "Welfare and Pension Plans
Disclosure Act".
8Prior
to amendment by section 1 of Public Law 89-216, the first sentence of section
502(a) read as follows: "Sec. 502(a). Every officer, agent, shop steward,
or other representative or employee of any labor organization (other than a
labor organization whose property and annual financial receipts do not exceed
$5,000 in value), or of a trust in which a labor organization is interested,
who handles funds or other property thereof shall be bonded for the faithful
discharge of his duties." Section 1 of Public Law 89-216 also added the
proviso at the end of section 502(a).
9The U.S.
Supreme Court, on June 7, 1965, held unconstitutional as a bill of attainder
the section 504 provision which imposes criminal sanctions on Communist Party
members for holding union office (U.S. v. Brown, 381 U.S. 437, 85 S.
Ct. 1707).
10The
following text shows changes made by Public Law 98-473, Oct. 12, 1984, 98 Stat.
2031, 2133, 2134 and by Public Law 100-182, Dec. 7, 1987, 101 Stat. 1266, 1269.
Public Law 99-217, Dec. 26, 1985, 99 Stat. 1728, changed the effective date
for the amendment made by Public Law 98-473, 98 Stat. 2031, from Nov. 1, 1986,
to Nov. 1, 1987; Public Law 100-182, 101 Stat. 1266, made that amendment applicable
only to crimes committed after Nov. 1, 1987.
11This
reprinted text of subsections (a), (b), and (c) of section 302 of the Labor
Management Relations Act, 1947, does not reflect the amended text as originally
found in the Labor-Management Reporting and Disclosure Act of 1959. It does,
however, reflect the legislative changes which have occurred to those subsections
from 1959 through October 1991.
12In
subsection (b)(2) of section 302 of the Labor Management Relations Act, 1947,
the phrase "section 10101 of Title 49" was substituted for the phrase
"part II of the Interstate Commerce Act [49 U.S.C. 301 et. seq.]"
by section 3(b) of Public Law 95-473, October 17, 1978.
13Subsection
(c)(7)(C) of section 302 of the Labor Management Relations Act, 1947, was added
by section 1 of Public Law 101-273, April 18, l990.
14Section
5(b) of the Labor Management Cooperation Act of 1978 probably means section
6(b) of Public Law 95-524 (92 Stat. 2020; 29 U.S.C. 175a note).
15Subsection
(b)(7) of section 302 of the Labor Management Relations Act, 1947 was added
by Public Law 91-86, Oct. 14, 1969; subsection (b)(8) by Public Law 93-95, Aug.
15, 1973; and subsection (b)(9) by section 6(d) of Public Law 95-524, Oct. 27,
1978.
Last Updated: 02/18/09
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