-CITE-

29 USC CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND

DISCLOSURE PROCEDURE 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

-HEAD-

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

401. Congressional declaration of findings, purposes, and

policy.

(a) Standards for labor-management relations.

(b) Protection of rights of employees and the

public.

(c) Necessity to eliminate or prevent improper

practices.

402. Definitions.

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

411. Bill of rights; constitution and bylaws of labor

organizations.

(a)

(1) Equal rights.

(2) Freedom of speech and assembly.

(3) Dues, initiation fees, and assessments.

(4) Protection of the right to sue.

(5) Safeguards against improper disciplinary

action.

(b) Invalidity of constitution and bylaws.

412. Civil action for infringement of rights; jurisdiction.

413. Retention of existing rights of members.

414. Right to copies of collective bargaining agreements.

415. Information to members of provisions of chapter.

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

431. Report of labor organizations.

(a) Adoption and filing of constitution and bylaws;

contents of report.

(b) Annual financial report; filing; contents.

(c) Availability of information to members;

examination of books, records, and accounts.

432. Report of officers and employees of labor

organizations.

(a) Filing; contents of report.

(b) Report of certain bona fide investments.

(c) Exemption from filing requirement.

433. Report of employers.

(a) Filing and contents of report of payments,

loans, promises, agreements, or arrangements.

(b) Persuasive activities relating to the right to

organize and bargain collectively; supplying

information of activities in connection with

labor disputes; filing and contents of report

of agreement or arrangement.

(c) Advisory or representative services exempt from

filing requirements.

(d) Exemption from filing requirements generally.

(e) Services by and payments to regular officers,

supervisors, and employees of employer.

(f) Rights protected by section 158(c) of this

title.

(g) "Interfere with, restrain, or coerce" defined.

434. Exemption of attorney-client communications.

435. Reports and documents as public information.

(a) Publication; statistical and research purposes.

(b) Inspection and examination of information and

data.

(c) Copies of reports or documents; availability to

State agencies.

436. Retention of records.

437. Time for making reports.

438. Rules and regulations; simplified reports.

439. Violations and penalties.

(a) Willful violations of provisions of subchapter.

(b) False statements or representations of fact

with knowledge of falsehood.

(c) False entry in or willful concealment, etc., of

books and records.

(d) Personal responsibility of individuals required

to sign reports.

440. Civil action for enforcement by Secretary;

jurisdiction.

441. Surety company reports; contents; waiver or

modification of requirements respecting contents of

reports.

SUBCHAPTER IV - TRUSTEESHIPS

461. Reports.

(a) Filing and contents; annual financial report.

(b) Applicability of other laws.

(c) Penalty for violations.

(d) False statements and entries; failure to

disclose material facts; withholding,

concealing or destroying documents, books,

records, reports, or statements; penalty.

(e) Personal liability.

462. Purposes for establishment of trusteeship.

463. Unlawful acts relating to labor organization under

trusteeship.

464. Civil action for enforcement.

(a) Complaint; investigation; commencement of

action by Secretary, member or subordinate

body of labor organization; jurisdiction.

(b) Venue.

(c) Presumptions of validity or invalidity of

trusteeship.

465. Report to Congress.

466. Additional rights and remedies; exclusive jurisdiction

of district court; res judicata.

SUBCHAPTER V - ELECTIONS

481. Terms of office and election procedures.

(a) Officers of national or international labor

organizations; manner of election.

(b) Officers of local labor organizations; manner

of election.

(c) Requests for distribution of campaign

literature; civil action for enforcement;

jurisdiction; inspection of membership lists;

adequate safeguards to insure fair election.

(d) Officers of intermediate bodies; manner of

election.

(e) Nomination of candidates; eligibility; notice

of election; voting rights; counting and

publication of results; preservation of

ballots and records.

(f) Election of officers by convention of

delegates; manner of conducting convention;

preservation of records.

(g) Use of dues, assessments or similar levies, and

funds of employer for promotion of candidacy

of person.

(h) Removal of officers guilty of serious

misconduct.

(i) Rules and regulations for determining adequacy

of removal procedures.

482. Enforcement.

(a) Filing of complaint; presumption of validity of

challenged election.

(b) Investigation of complaint; commencement of

civil action by Secretary; jurisdiction;

preservation of assets.

(c) Declaration of void election; order for new

election; certification of election to court;

decree; certification of result of vote for

removal of officers.

(d) Review of orders; stay of order directing

election.

483. Application of other laws; existing rights and

remedies; exclusiveness of remedy for challenging

election.

SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

501. Fiduciary responsibility of officers of labor

organizations.

(a) Duties of officers; exculpatory provisions and

resolutions void.

(b) Violation of duties; action by member after

refusal or failure by labor organization to

commence proceedings; jurisdiction; leave of

court; counsel fees and expenses.

(c) Embezzlement of assets; penalty.

502. Bonding of officers and employees of labor

organizations; amount, form, and placement of bonds;

penalty for violation.

503. Financial transactions between labor organization and

officers and employees.

(a) Direct and indirect loans.

(b) Direct or indirect payment of fines.

(c) Penalty for violations.

504. Prohibition against certain persons holding office.

(a) Membership in Communist Party; persons

convicted of robbery, bribery, etc.

(b) Penalty for violations.

(c) Definitions.

(d) Salary of person barred from labor organization

office during appeal of conviction.

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

521. Investigations by Secretary; applicability of other

laws.

522. Extortionate picketing; penalty for violation.

523. Retention of rights under other Federal and State

laws.

524. Effect on State laws.

524a. Elimination of racketeering activities threat; State

legislation governing collective bargaining

representative.

525. Service of process.

526. Applicability of administrative procedure provisions.

527. Cooperation with other agencies and departments.

528. Criminal contempt.

529. Prohibition on certain discipline by labor

organization.

530. Deprivation of rights by violence; penalty.

531. Separability.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 186, 1111 of this title;

title 39 section 1209; title 42 section 2000e.

-End-

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29 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

29 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 401. Congressional declaration of findings, purposes, and

policy

-STATUTE-

(a) Standards for labor-management relations

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) Protection of rights of employees and the public

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) Necessity to eliminate or prevent improper practices

The Congress, therefore, further finds and declares that the

enactment of this chapter 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 [29 U.S.C. 141 et seq.], and the

Railway Labor Act, as amended [45 U.S.C. 151 et seq.], 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.

-SOURCE-

(Pub. L. 86-257, Sec. 2, Sept. 14, 1959, 73 Stat. 519.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

"this Act", meaning Pub. L. 86-257, Sept. 14, 1959, 73 Stat. 519,

as amended, known as the Labor-Management Reporting and Disclosure

Act of 1959, which enacted this chapter, amended sections 153, 158,

159, 160, 164, 186, and 187 of this title, and enacted provisions

set out as notes under sections 153, 158, and 481 of this title.

For complete classification of this Act to the Code, see Short

Title note set out below and Tables.

The Labor Management Relations Act, 1947, referred to in subsec.

(c), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which

is classified principally to chapter 7 (Sec. 141 et seq.) of this

title. For complete classification of this Act to the Code, see

section 141 of this title and Tables.

The Railway Labor Act, referred to in subsec. (c), is act May 20,

1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.

For complete classification of this Act to the Code, see section

151 of Title 45 and Tables.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 86-257 provided that: "This Act [enacting

this chapter, amending sections 153, 158, 159, 160, 164, 186, and

187 of this title, and enacting provisions set out as notes under

sections 153, 158, and 481 of this title] may be cited as the

'Labor-Management Reporting and Disclosure Act of 1959'."

-End-

-CITE-

29 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 402. Definitions

-STATUTE-

For the purposes of this chapter -

(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 et

seq.].

(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 [29 U.S.C. 141 et

seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et

seq.].

(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, 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 chapter.

(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 -

(1) is the certified representative of employees under the

provisions of the National Labor Relations Act, as amended [29

U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45

U.S.C. 151 et seq.]; or

(2) 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

(3) 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

(4) 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

(5) 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.

(l) "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.

-SOURCE-

(Pub. L. 86-257, Sec. 3, Sept. 14, 1959, 73 Stat. 520; Pub. L.

95-598, title III, Sec. 320, Nov. 6, 1978, 92 Stat. 2678.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in the opening phrase, was in the

original "titles I, II, III, IV, V (except section 505), and VI of

this Act", which reference includes those sections of the Act which

are classified principally to this chapter. For complete

classification of such titles to the Code, see Tables.

For definition of Canal Zone, referred to in subsec. (b), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

The Outer Continental Shelf Lands Act, referred to in subsec.

(b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which

is classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title note set out under section

1331 of Title 43 and Tables.

The Labor Management Relations Act, 1947, referred to in subsec.

(c), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which

is classified principally to chapter 7 (Sec. 141 et seq.) of this

title. For complete classification of this Act to the Code, see

section 141 of this title and Tables.

This chapter, referred to in subsec. (f), was in the original

"this Act", meaning Pub. L. 86-257, Sept. 14, 1959, 73 Stat. 519,

as amended, known as the Labor-Management Reporting and Disclosure

Act of 1959, which enacted this chapter, amended sections 153, 158,

159, 160, 164, 186, and 187 of this title, and enacted provisions

set out as notes under sections 153, 158, and 481 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 401 of this title and Tables.

The Railway Labor Act, referred to in subsecs. (c) and (j)(1), is

act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is

classified principally to chapter 8 (Sec. 151 et seq.) of Title 45,

Railroads. For complete classification of this Act to the Code, see

section 151 of Title 45 and Tables.

The National Labor Relations Act, referred to in subsec. (j)(1),

is act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is

classified generally to subchapter II (Sec. 151 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 167 of this title and Tables.

-MISC1-

AMENDMENTS

1978 - Subsec. (d). Pub. L. 95-598 substituted "cases under title

11" for "bankruptcy".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 1209.

-End-

-CITE-

29 USC SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR

ORGANIZATIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

-HEAD-

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

-End-

-CITE-

29 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

-HEAD-

Sec. 411. Bill of rights; constitution and bylaws of labor

organizations

-STATUTE-

(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 September 14,

1959 shall not be increased, and no general or special assessment

shall be levied upon such members, except -

(A) in the case of a local labor 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) Invalidity of constitution and bylaws

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.

-SOURCE-

(Pub. L. 86-257, title I, Sec. 101, Sept. 14, 1959, 73 Stat. 522.)

-End-

-CITE-

29 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

-HEAD-

Sec. 412. Civil action for infringement of rights; jurisdiction

-STATUTE-

Any person whose rights secured by the provisions of this

subchapter have been infringed by any violation of this subchapter

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.

-SOURCE-

(Pub. L. 86-257, title I, Sec. 102, Sept. 14, 1959, 73 Stat. 523.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 529 of this title.

-End-

-CITE-

29 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

-HEAD-

Sec. 413. Retention of existing rights of members

-STATUTE-

Nothing contained in this subchapter 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.

-SOURCE-

(Pub. L. 86-257, title I, Sec. 103, Sept. 14, 1959, 73 Stat. 523.)

-End-

-CITE-

29 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

-HEAD-

Sec. 414. Right to copies of collective bargaining agreements

-STATUTE-

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 440 of this

title shall be applicable in the enforcement of this section.

-SOURCE-

(Pub. L. 86-257, title I, Sec. 104, Sept. 14, 1959, 73 Stat. 523.)

-End-

-CITE-

29 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER II - BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

-HEAD-

Sec. 415. Information to members of provisions of chapter

-STATUTE-

Every labor organization shall inform its members concerning the

provisions of this chapter.

-SOURCE-

(Pub. L. 86-257, title I, Sec. 105, Sept. 14, 1959, 73 Stat. 523.)

-End-

-CITE-

29 USC SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS,

OFFICERS AND EMPLOYEES OF LABOR

ORGANIZATIONS, AND EMPLOYERS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-End-

-CITE-

29 USC Sec. 431 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 431. Report of labor organizations

-STATUTE-

(a) Adoption and filing of constitution and bylaws; contents of

report

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 subchapter;

(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 provision 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)

of this section.

(b) Annual financial report; filing; contents

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) Availability of information to members; examination of books,

records, and accounts

Every labor organization required to submit a report under this

subchapter 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.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 201(a)-(c), Sept. 14, 1959, 73

Stat. 524, 525.)

-COD-

CODIFICATION

Section is comprised of subsecs. (a) to (c) of section 201 of

Pub. L. 86-257. Subsec. (d) of section 201 repealed subsecs. (f) to

(h) of section 159 of this title, and subsec. (e) of section 201

amended section 158(a)(3)(i) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 437, 439, 461 of

this title.

-End-

-CITE-

29 USC Sec. 432 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 432. Report of officers and employees of labor organizations

-STATUTE-

(a) Filing; contents of report

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 186(c) of this

title.

(b) Report of certain bona fide investments

The provisions of paragraphs (1), (2), (3), (4), and (5) of

subsection (a) of this section 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 [15

U.S.C. 78a et seq.], in shares in an investment company registered

under the Investment Company Act of 1940 [15 U.S.C. 80a-1 et seq.],

or in securities of a public utility holding company registered

under the Public Utility Holding Company Act of 1935 [15 U.S.C. 79

et seq.], or to report any income derived therefrom.

(c) Exemption from filing requirement

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) of this section 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.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 202, Sept. 14, 1959, 73 Stat. 525.)

-REFTEXT-

REFERENCES IN TEXT

The Securities Exchange Act of 1934, referred to in subsec. (b),

is act June 6, 1934, ch. 404, 48 Stat. 881, as amended, which is

classified principally to chapter 2B (Sec. 78a et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see section 78a of Title 15 and Tables.

The Investment Company Act of 1940, referred to in subsec. (b),

is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as amended,

which is classified generally to subchapter I (Sec. 80a-1 et seq.)

of chapter 2D of Title 15. For complete classification of this Act

to the Code, see section 80a-51 of Title 15 and Tables.

The Public Utility Holding Company Act of 1935, referred to in

subsec. (b), is title I of act Aug. 26, 1935, ch. 687, 49 Stat.

838, as amended, which is classified generally to chapter 20 (Sec.

79 et seq.) of Title 15. For complete classification of this Act to

the Code, see section 79 of Title 15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 437 of this title.

-End-

-CITE-

29 USC Sec. 433 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 433. Report of employers

-STATUTE-

(a) Filing and contents of report of payments, loans, promises,

agreements, or arrangements

Every employer who in any fiscal year made -

(1) 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 186(c) of

this title;

(2) 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;

(3) 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;

(4) 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

(5) 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) Persuasive activities relating to the right to organize and

bargain collectively; supplying information of activities in

connection with labor disputes; filing and contents of report of

agreement or arrangement

Every person who pursuant to any agreement or arrangement with an

employer undertakes activities where an object thereof is, directly

or indirectly -

(1) 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

(2) 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) Advisory or representative services exempt from filing

requirements

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) Exemption from filing requirements generally

Nothing contained in this section shall be construed to require

an employer to file a report under subsection (a) of this section

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) of this section unless he was a party

to an agreement or arrangement of the kind described therein.

(e) Services by and payments to regular officers, supervisors, and

employees of employer

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) Rights protected by section 158(c) of this title

Nothing contained in this section shall be construed as an

amendment to, or modification of the rights protected by, section

158(c) of this title.

(g) "Interfere with, restrain, or coerce" defined

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 157 of

this title, would, under section 158(a) of this title, constitute

an unfair labor practice.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 203, Sept. 14, 1959, 73 Stat. 526.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 437, 439 of this

title.

-End-

-CITE-

29 USC Sec. 434 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 434. Exemption of attorney-client communications

-STATUTE-

Nothing contained in this chapter 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 chapter any information which was lawfully

communicated to such attorney by any of his clients in the course

of a legitimate attorney-client relationship.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 204, Sept. 14, 1959, 73 Stat. 528.)

-End-

-CITE-

29 USC Sec. 435 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 435. Reports and documents as public information

-STATUTE-

(a) Publication; statistical and research purposes

The contents of the reports and documents filed with the

Secretary pursuant to sections 431, 432, 433, and 441 of this title

shall be public information, and the Secretary may publish any

information and data which he obtains pursuant to the provisions of

this subchapter. 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) Inspection and examination of information and data

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 431, 432, 433, or 441 of this

title.

(c) Copies of reports or documents; availability to State agencies

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 subchapter, 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 431, 432, 433, or 441 of

this title, 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 subchapter, 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.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 205, Sept. 14, 1959, 73 Stat. 528;

Pub. L. 89-216, Sec. 2(a)-(c), Sept. 29, 1965, 79 Stat. 888.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-216 inserted references to section 441 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 461 of this title.

-End-

-CITE-

29 USC Sec. 436 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 436. Retention of records

-STATUTE-

Every person required to file any report under this subchapter

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.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 206, Sept. 14, 1959, 73 Stat. 529.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 461 of this title.

-End-

-CITE-

29 USC Sec. 437 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 437. Time for making reports

-STATUTE-

(a) Each labor organization shall file the initial report

required under section 431(a) of this title within ninety days

after the date on which it first becomes subject to this chapter.

(b) Each person required to file a report under section 431(b),

432, 433(a), the second sentence of 433(b), or section 441 of this

title 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 431(b), 432, 433(a), the second sentence of 433(b), or

section 441 of this title, as the case may be, for only a portion

of such a fiscal year (because September 14, 1959, occurs during

such person's fiscal year) such person becomes subject to this

chapter during its fiscal year or such person may consider that

portion as the entire fiscal year in making such report.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 207, Sept. 14, 1959, 73 Stat. 529;

Pub. L. 89-216, Sec. 2(d), Sept. 29, 1965, 79 Stat. 888.)

-MISC1-

AMENDMENTS

1965 - Subsec. (b). Pub. L. 89-216 inserted reference to section

441 of this title in two places.

-End-

-CITE-

29 USC Sec. 438 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 438. Rules and regulations; simplified reports

-STATUTE-

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 subchapter 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.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 208, Sept. 14, 1959, 73 Stat. 529.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 461 of this title; title

39 section 1209.

-End-

-CITE-

29 USC Sec. 439 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 439. Violations and penalties

-STATUTE-

(a) Willful violations of provisions of subchapter

Any person who willfully violates this subchapter shall be fined

not more than $10,000 or imprisoned for not more than one year, or

both.

(b) False statements or representations of fact with knowledge of

falsehood

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 subchapter shall

be fined not more than $10,000 or imprisoned for not more than one

year, or both.

(c) False entry in or willful concealment, etc., of books and

records

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 subchapter

shall be fined not more than $10,000 or imprisoned for not more

than one year, or both.

(d) Personal responsibility of individuals required to sign reports

Each individual required to sign reports under sections 431 and

433 of this title shall be personally responsible for the filing of

such reports and for any statement contained therein which he knows

to be false.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 209, Sept. 14, 1959, 73 Stat. 529.)

-End-

-CITE-

29 USC Sec. 440 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 440. Civil action for enforcement by Secretary; jurisdiction

-STATUTE-

Whenever it shall appear that any person has violated or is about

to violate any of the provisions of this subchapter, 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.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 210, Sept. 14, 1959, 73 Stat. 530.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 414, 461 of this title.

-End-

-CITE-

29 USC Sec. 441 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER III - REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND

EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS

-HEAD-

Sec. 441. Surety company reports; contents; waiver or modification

of requirements respecting contents of reports

-STATUTE-

Each surety company which issues any bond required by this

chapter or the Employee Retirement Income Security Act of 1974 [29

U.S.C. 1001 et seq.] 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 chapter or 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

chapter. 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.

-SOURCE-

(Pub. L. 86-257, title II, Sec. 211, as added Pub. L. 89-216, Sec.

3, Sept. 29, 1965, 79 Stat. 888; amended Pub. L. 93-406, title I,

Sec. 111(a)(2)(D), Sept. 2, 1974, 88 Stat. 852.)

-REFTEXT-

REFERENCES IN TEXT

The Employee Retirement Income Security Act of 1974, referred to

in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as

amended, which is classified principally to chapter 18 (Sec. 1001

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1001 of this

title and Tables.

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-406 substituted "Employee Retirement Income

Security Act of 1974" for "Welfare and Pension Plans Disclosure

Act".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as

provided in section 1031(b)(2) of this title, see section

1031(b)(1) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 437, 1031 of this

title.

-End-

-CITE-

29 USC SUBCHAPTER IV - TRUSTEESHIPS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER IV - TRUSTEESHIPS

-HEAD-

SUBCHAPTER IV - TRUSTEESHIPS

-End-

-CITE-

29 USC Sec. 461 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER IV - TRUSTEESHIPS

-HEAD-

Sec. 461. Reports

-STATUTE-

(a) Filing and contents; annual financial report

Every labor organization which has or assumes trusteeship over

any subordinate labor organization shall file with the Secretary

within thirty days after September 14, 1959 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 431(b)

of this title 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) Applicability of other laws

The provisions of sections 431(c), 435, 436, 438, and 440 of this

title shall be applicable to reports filed under this subchapter.

(c) Penalty for violations

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) False statements and entries; failure to disclose material

facts; withholding, concealing or destroying documents, books,

records, reports, or statements; penalty

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) Personal liability

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.

-SOURCE-

(Pub. L. 86-257, title III, Sec. 301, Sept. 14, 1959, 73 Stat.

530.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 464 of this title.

-End-

-CITE-

29 USC Sec. 462 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER IV - TRUSTEESHIPS

-HEAD-

Sec. 462. Purposes for establishment of trusteeship

-STATUTE-

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.

-SOURCE-

(Pub. L. 86-257, title III, Sec. 302, Sept. 14, 1959, 73 Stat.

531.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 464 of this title.

-End-

-CITE-

29 USC Sec. 463 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER IV - TRUSTEESHIPS

-HEAD-

Sec. 463. Unlawful acts relating to labor organization under

trusteeship

-STATUTE-

(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.

-SOURCE-

(Pub. L. 86-257, title III, Sec. 303, Sept. 14, 1959, 73 Stat.

531.)

-End-

-CITE-

29 USC Sec. 464 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER IV - TRUSTEESHIPS

-HEAD-

Sec. 464. Civil action for enforcement

-STATUTE-

(a) Complaint; investigation; commencement of action by Secretary,

member or subordinate body of labor organization; jurisdiction

Upon the written complaint of any member or subordinate body of a

labor organization alleging that such organization has violated the

provisions of this subchapter (except section 461 of this title)

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 subchapter (except section 461 of this title) 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) Venue

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) Presumptions of validity or invalidity of trusteeship

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

462 of this title. 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

462 of this title. 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.

-SOURCE-

(Pub. L. 86-257, title III, Sec. 304, Sept. 14, 1959, 73 Stat.

531.)

-End-

-CITE-

29 USC Sec. 465 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER IV - TRUSTEESHIPS

-HEAD-

Sec. 465. Report to Congress

-STATUTE-

The Secretary shall submit to the Congress at the expiration of

three years from September 14, 1959, a report upon the operation of

this subchapter.

-SOURCE-

(Pub. L. 86-257, title III, Sec. 305, Sept. 14, 1959, 73 Stat.

532.)

-End-

-CITE-

29 USC Sec. 466 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER IV - TRUSTEESHIPS

-HEAD-

Sec. 466. Additional rights and remedies; exclusive jurisdiction of

district court; res judicata

-STATUTE-

The rights and remedies provided by this subchapter 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.

-SOURCE-

(Pub. L. 86-257, title III, Sec. 306, Sept. 14, 1959, 73 Stat.

532.)

-End-

-CITE-

29 USC SUBCHAPTER V - ELECTIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER V - ELECTIONS

-HEAD-

SUBCHAPTER V - ELECTIONS

-End-

-CITE-

29 USC Sec. 481 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER V - ELECTIONS

-HEAD-

Sec. 481. Terms of office and election procedures

-STATUTE-

(a) Officers of national or international labor organizations;

manner of election

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) Officers of local labor organizations; manner of election

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) Requests for distribution of campaign literature; civil action

for enforcement; jurisdiction; inspection of membership lists;

adequate safeguards to insure fair election

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; manner of election

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) Nomination of candidates; eligibility; notice of election;

voting rights; counting and publication of results; preservation

of ballots and records

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 of this title 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 subchapter.

(f) Election of officers by convention of delegates; manner of

conducting convention; preservation of records

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 subchapter.

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) Use of dues, assessments or similar levies, and funds of

employer for promotion of candidacy of person

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

any election subject to the provisions of this subchapter. 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) Removal of officers guilty of serious misconduct

If the Secretary, upon application of any member of a local labor

organization, finds after hearing in accordance with subchapter II

of chapter 5 of title 5 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 subchapter.

(i) Rules and regulations for determining adequacy of removal

procedures

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)

of this section.

-SOURCE-

(Pub. L. 86-257, title IV, Sec. 401, Sept. 14, 1959, 73 Stat. 532.)

-COD-

CODIFICATION

In subsec. (h), "subchapter II of chapter 5 of title 5"

substituted for "the Administrative Procedure Act" on authority of

Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first

section of which enacted Title 5, Government Organization and

Employees.

-MISC1-

EFFECTIVE DATE

Section 404 of Pub. L. 86-257 provided that: "The provisions of

this title [enacting this subchapter] shall become applicable -

"(1) ninety days after the date of enactment of this Act [Sept.

14, 1959] 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

"(2) 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 [Sept. 14,

1959], 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 [enacting this subchapter]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 482 of this title.

-End-

-CITE-

29 USC Sec. 482 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER V - ELECTIONS

-HEAD-

Sec. 482. Enforcement

-STATUTE-

(a) Filing of complaint; presumption of validity of challenged

election

A member of a labor organization -

(1) who has exhausted the remedies available under the

constitution and bylaws of such organization and of any parent

body, or

(2) 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 481

of this title (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) Investigation of complaint; commencement of civil action by

Secretary; jurisdiction; preservation of assets

The Secretary shall investigate such complaint and, if he finds

probable cause to believe that a violation of this subchapter 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 subchapter 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) Declaration of void election; order for new election;

certification of election to court; decree; certification of

result of vote for removal of officers

If, upon a preponderance of the evidence after a trial upon the

merits, the court finds -

(1) that an election has not been held within the time

prescribed by section 481 of this title, or

(2) that the violation of section 481 of this title 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 481 of this title, 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) Review of orders; stay of order directing election

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.

-SOURCE-

(Pub. L. 86-257, title IV, Sec. 402, Sept. 14, 1959, 73 Stat. 534.)

-End-

-CITE-

29 USC Sec. 483 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER V - ELECTIONS

-HEAD-

Sec. 483. Application of other laws; existing rights and remedies;

exclusiveness of remedy for challenging election

-STATUTE-

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 subchapter. 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 subchapter. The

remedy provided by this subchapter for challenging an election

already conducted shall be exclusive.

-SOURCE-

(Pub. L. 86-257, title IV, Sec. 403, Sept. 14, 1959, 73 Stat. 534.)

-End-

-CITE-

29 USC SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

-HEAD-

SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

-End-

-CITE-

29 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

-HEAD-

Sec. 501. Fiduciary responsibility of officers of labor

organizations

-STATUTE-

(a) Duties of officers; exculpatory provisions and resolutions void

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) Violation of duties; action by member after refusal or failure

by labor organization to commence proceedings; jurisdiction;

leave of court; counsel fees and expenses

When any officer, agent, shop steward, or representative of any

labor organization is alleged to have violated the duties declared

in subsection (a) of this section 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) Embezzlement of assets; penalty

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.

-SOURCE-

(Pub. L. 86-257, title V, Sec. 501, Sept. 14, 1959, 73 Stat. 535.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 1961, 2516.

-End-

-CITE-

29 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

-HEAD-

Sec. 502. Bonding of officers and employees of labor organizations;

amount, form, and placement of bonds; penalty for violation

-STATUTE-

(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 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 sections 9304-9308 of title 31, 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.

-SOURCE-

(Pub. L. 86-257, title V, Sec. 502, Sept. 14, 1959, 73 Stat. 536;

Pub. L. 89-216, Sec. 1, Sept. 29, 1965, 79 Stat. 888.)

-COD-

CODIFICATION

In subsec. (a), "sections 9304-9308 of title 31" substituted for

"the Act of July 30, 1947 (6 U.S.C. 6-13)" on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1965 - Subsec. (a). Pub. L. 89-216 substituted "to provide

protection against loss by reason of act of fraud or dishonesty on

his part directly or through connivance with others" for "for the

faithful discharge of his duties" in first sentence and inserted

proviso allowing Secretary to permit other arrangements to provide

necessary protection.

-End-

-CITE-

29 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

-HEAD-

Sec. 503. Financial transactions between labor organization and

officers and employees

-STATUTE-

(a) Direct and indirect loans

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) Direct or indirect payment of fines

No labor organization or employer shall directly or indirectly

pay the fine of any officer or employee convicted of any willful

violation of this chapter.

(c) Penalty for violations

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.

-SOURCE-

(Pub. L. 86-257, title V, Sec. 503, Sept. 14, 1959, 73 Stat. 536.)

-End-

-CITE-

29 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS

-HEAD-

Sec. 504. Prohibition against certain persons holding office

-STATUTE-

(a) Membership in Communist Party; persons convicted of robbery,

bribery, etc.

No person who is or has been a member of the Communist Party 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 subchapter

III or IV of this chapter (!1) 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 -

(1) as a consultant or adviser to any labor organization,

(2) 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,

(3) 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

(4) 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

(5) 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, (A) his citizenship rights, having been

revoked as a result of such conviction, have been fully restored,

or (B) 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, 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 chapter. 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) Penalty for violations

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) Definitions

For the purpose of this section -

(1) 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.

(2) A period of parole shall not be considered as part of a

period of imprisonment.

(d) Salary of person barred from labor organization office during

appeal of conviction

Whenever any person -

(1) by operation of this section, has been barred from office

or other position in a labor organization as a result of a

conviction, and

(2) 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 (!2) from assuming any position from which such person

was previously barred.

-SOURCE-

(Pub. L. 86-257, title V, Sec. 504, Sept. 14, 1959, 73 Stat. 536;

Pub. L. 98-473, title II, Secs. 229, 803, Oct. 12, 1984, 98 Stat.

2031, 2133; Pub. L. 100-182, Sec. 15(a), Dec. 7, 1987, 101 Stat.

1269.)

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-182, in concluding provisions,

substituted "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," for "the United States Parole

Commission", "court" and "court's" for "Commission" and

"Commission's", respectively, and "a hearing" for "an

administrative hearing".

1984 - Subsec. (a). Pub. L. 98-473, Sec. 229, which directed

substitution of "if the offense is a Federal offense, the

sentencing judge or, if the offense is a State or local offense, on

motion of the United States Department of Justice, the district

court of the United States for the district in which the offense

was committed, pursuant to sentencing guidelines and policy

statements issued pursuant to section 994(a) of title 28," for "the

Board of Parole of the United States Justice Department", "court"

and "court's" for "Board" and "Board's", respectively, and "a" for

"an administrative", was (except for the last substitution)

incapable of execution in view of the previous amendment by section

803(a) of Pub. L. 98-473 which became effective prior to the

effective date of the amendment by section 229. See note below.

Pub. L. 98-473, Sec. 803(a), in amending provisions after "or a

violation of subchapter III or IV of the chapter" generally,

inserted provisions relating to abuse or misuse of employment in a

labor organization or employee benefit plan, substituted

"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" for "conspiracy to commit any such crimes", added par.

(1), redesignated former par. (1) as (2) and in par. (2) as so

redesignated substituted "employee, or representative in any

capacity of any labor organization" for "or other employee (other

than as an employee performing exclusively clerical or custodial

duties) of any labor organization, or", redesignated former par.

(2) as (3) and in par. (3) as so redesignated inserted "or advisor"

after "consultant", struck out "(other than as an employee

performing exclusively clerical or custodial duties)" after

"employee", and inserted "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", added pars. (4) and (5), struck out "or for five years after

the termination of his membership in the Communist Party,"

substituted "the period of thirteen years" for "five years",

inserted "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", substituted in cl. (B)

"United States Parole Commission" for "Board of Parole of the

United States Department of Justice", and in the provisions

following cl. (B) substituted "Commission" and "Commission's" for

"Board" and "Board's", respectively, inserted provision of notice

to the Secretary of Labor, and substituted "No person shall

knowingly hire, retain, employ, or otherwise place any other person

to serve in any capacity in violation of this subsection" for "No

labor organization or officer thereof shall knowingly permit any

person to assume or hold any office or paid position in violation

of this subsection".

Subsec. (b). Pub. L. 98-473, Sec. 803(b), amended subsec. (b)

generally, substituting "five years" for "one year".

Subsec. (c). Pub. L. 98-473, Sec. 803(c), designated existing

provisions as par. (1), substituted provisions defining conviction

as from date of judgment of trial court, regardless of appeal, for

former provisions defining it as from date of judgment of trial

court or date of final sustaining of judgment on appeal, whichever

is later, regardless of whether such conviction occurred before or

after Sept. 14, 1959, and added par. (2).

Subsec. (d). Pub. L. 98-473, Sec. 803(d), added subsec. (d).

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-182 applicable with respect to offenses

committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,

set out as a note under section 3006A of Title 18, Crimes and

Criminal Procedure.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 229 of Pub. L. 98-473 effective Nov. 1,

1987, and applicable only to offenses committed after the taking

effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,

set out as an Effective Date note under section 3551 of Title 18,

Crimes and Criminal Procedure.

Section 804 of title II of Pub. L. 98-473 provided that:

"(a) The amendments made by section 802 [amending section 1111 of

this title] and section 803 [amending this section] of this title

shall take effect with respect to any judgment of conviction

entered by the trial court after the date of enactment of this

title [Oct. 12, 1984], except that that portion of such amendments

relating to the commencement of the period of disability shall

apply to any judgment of conviction entered prior to the date of

enactment of this title if a right of appeal or an appeal from such

judgment is pending on the date of enactment of this title.

"(b) Subject to subsection (a) the amendments made by sections

803 and 804 [probably should be sections 802 and 803] shall not

affect any disability under section 411 of the Employee Retirement

Income Security Act of 1974 [section 1111 of this title] or under

section 504 of the Labor-Management Reporting and Disclosure Act of

1959 [this section] in effect on the date of enactment of this

title [Oct. 12, 1984]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 481 of this title; title

31 section 6711.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original. Probably should be "section".

-End-

-CITE-

29 USC SUBCHAPTER VII - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-End-

-CITE-

29 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 521. Investigations by Secretary; applicability of other laws

-STATUTE-

(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 chapter (except subchapter II of

this chapter) 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 chapter 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

chapter, the provisions of sections 49 and 50 of title 15 (relating

to the attendance of witnesses and the production of books, papers,

and documents), are made applicable to the jurisdiction, powers,

and duties of the Secretary or any officers designated by him.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 601, Sept. 14, 1959, 73 Stat. 539.)

-REFTEXT-

REFERENCES IN TEXT

The phrase "this chapter (except subchapter II of this chapter)",

referred to in subsec. (a), was in the original "this Act (except

title I or amendments made by this Act to other statutes)". "This

chapter", referred to later in subsec. (a) and also in subsec. (b),

was in the original "this Act". "This Act" is Pub. L. 86-257, Sept.

14, 1959, 73 Stat. 519, as amended, known as the Labor-Management

Reporting and Disclosure Act of 1959, which enacted this chapter,

amended sections 153, 158, 159, 160, 164, 186, and 187 of this

title, and enacted provisions set out as notes under sections 153,

158, and 481 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 401 of this

title and Tables.

-End-

-CITE-

29 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 522. Extortionate picketing; penalty for violation

-STATUTE-

(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.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 602, Sept. 14, 1959, 73 Stat. 539.)

-End-

-CITE-

29 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 523. Retention of rights under other Federal and State laws

-STATUTE-

(a) Except as explicitly provided to the contrary, nothing in

this chapter 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 chapter 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 this chapter and section 186(a)-(c) of

this title shall be construed to supersede or impair or otherwise

affect the provisions of the Railway Labor Act, as amended [45

U.S.C. 151 et seq.], 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 this chapter 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 [29 U.S.C. 151 et seq.].

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 603, Sept. 14, 1959, 73 Stat. 540.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 86-257, Sept. 14, 1959, 73 Stat. 519,

as amended, known as the Labor-Management Reporting and Disclosure

Act of 1959, which enacted this chapter, amended sections 153, 158,

159, 160, 164, 186, and 187 of this title, and enacted provisions

set out as notes under sections 153, 158, and 481 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 401 of this title and Tables.

The phrase "this chapter and section 186(a)-(c) of this title",

referred to in subsec. (b), was in original "titles I, II, III, IV,

V, or VI of this Act". The phrase "this chapter" later appearing in

subsec. (b), was in original "said titles (except section 505) of

this Act". Original text reference, in both instances, includes

those sections of the Act which are classified principally to this

chapter. For complete classification of such titles to the Code,

see Tables.

The Railway Labor Act, referred to in subsec. (b), is act May 20,

1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.

For complete classification of this Act to the Code, see section

151 of Title 45 and Tables.

The National Labor Relations Act, referred to in subsec. (b), is

act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is

classified generally to subchapter II (Sec. 151 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 167 of this title and Tables.

-End-

-CITE-

29 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 524. Effect on State laws

-STATUTE-

Nothing in this chapter 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.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 604, Sept. 14, 1959, 73 Stat. 540.)

-End-

-CITE-

29 USC Sec. 524a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 524a. Elimination of racketeering activities threat; State

legislation governing collective bargaining representative

-STATUTE-

Notwithstanding this or any other Act regulating labor-management

relations, each State shall have the authority to enact and

enforce, as part of a comprehensive statutory system to eliminate

the threat of pervasive racketeering activity in an industry that

is, or over time has been, affected by such activity, a provision

of law that applies equally to employers, employees, and collective

bargaining representatives, which provision of law governs service

in any position in a local labor organization which acts or seeks

to act in that State as a collective bargaining representative

pursuant to the National Labor Relations Act [29 U.S.C. 151 et

seq.], in the industry that is subject to that program.

-SOURCE-

(Pub. L. 98-473, title II, Sec. 2201, Oct. 12, 1984, 98 Stat.

2192.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, probably means title II of Pub. L.

98-473, Oct. 12, 1984, 98 Stat. 1976, known as the Comprehensive

Crime Control Act of 1984. For complete classification of this Act

to the Code, see Short Title of 1984 Amendment note set out under

section 1 of Title 18, Crimes and Criminal Procedure, and Tables.

The National Labor Relations Act, referred to in text, is act

July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is

classified generally to subchapter II (Sec. 151 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 167 of this title and Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Labor-Management Reporting

and Disclosure Act of 1959, which comprises this chapter.

-End-

-CITE-

29 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 525. Service of process

-STATUTE-

For the purposes of this chapter, 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.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 605, Sept. 14, 1959, 73 Stat. 540.)

-End-

-CITE-

29 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 526. Applicability of administrative procedure provisions

-STATUTE-

The provisions of subchapter II of chapter 5, and chapter 7, of

title 5 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 chapter.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 606, Sept. 14, 1959, 73 Stat. 540.)

-COD-

CODIFICATION

"Subchapter II of chapter 5, and chapter 7, of title 5"

substituted in text for "the Administrative Procedure Act" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-End-

-CITE-

29 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 527. Cooperation with other agencies and departments

-STATUTE-

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 chapter 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 chapter. 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 chapter as may be found to warrant consideration for

criminal prosecution under the provisions of this chapter or other

Federal law.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 607, Sept. 14, 1959, 73 Stat. 540.)

-End-

-CITE-

29 USC Sec. 528 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 528. Criminal contempt

-STATUTE-

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 chapter 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.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 608, Sept. 14, 1959, 73 Stat. 541.)

-End-

-CITE-

29 USC Sec. 529 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 529. Prohibition on certain discipline by labor organization

-STATUTE-

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 chapter. The

provisions of section 412 of this title shall be applicable in the

enforcement of this section.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 609, Sept. 14, 1959, 73 Stat. 541.)

-End-

-CITE-

29 USC Sec. 530 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 530. Deprivation of rights by violence; penalty

-STATUTE-

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 chapter. 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.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 610, Sept. 14, 1959, 73 Stat. 541.)

-End-

-CITE-

29 USC Sec. 531 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 531. Separability

-STATUTE-

If any provision of this chapter, or the application of such

provision to any person or circumstances, shall be held invalid,

the remainder of this chapter 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.

-SOURCE-

(Pub. L. 86-257, title VI, Sec. 611, Sept. 14, 1959, 73 Stat. 541.)

-End-