The definitional phrase ``a person authorized to perform the
functions of president, vice president, secretary, treasurer, or other
executive functions of a labor organization'' brings within the term
``officer'' any person who in fact has executive or policy-making
authority or responsibility, although he may not occupy a position
identified as an officer under the constitution and bylaws of the
organization. Authorization to perform such functions need not be
contained in any provision of the constitution or bylaws or other
document but may be inferred from actual practices or conduct. On the
other hand, a person is not an officer merely because he performs
ministerial acts for a designated officer who alone has responsibility.
The normal functions performed by business agents and shop stewards,
such as soliciting memberships, presenting or negotiating employee
grievances within the work place, and negotiating contracts are not
``other executive functions'' as that phrase is used in section 3(n) of
the Act. However, a directing business representative or a business
manager usually exercises such a degree of executive authority as to be
considered an officer and, therefore, must be elected. The duties
normally pertaining to
membership on a bargaining committee do not come within the phrase
``other executive functions.'' However, persons occupying such non-
executive positions may be ``officers'' if they are ex officio members
of the organization's executive board (or similar governing body) or if
the constitution or bylaws of the union designate such positions as
officers.
