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29 U.S.C. § 431Report of labor organizations

submitted 67 years ago by Pub. L. 86-257 to r/title-29-LABOR · 705 words · no verdicts yet

in plain englishAI-generated · not legal advice

Labor unions must adopt a constitution and bylaws and file them with the Secretary of Labor. Unions must also report officer names, fees, dues, and rules for things like elections, discipline, and strikes. Each year, unions must file a financial report, and members can inspect records to check it.

This section requires labor unions to report information to the government and to their own members. (a) Every labor union must adopt a constitution and bylaws and file a copy with the Secretary of Labor. The union must also file a report, signed by its president and secretary or similar top officers, that includes: (1) the union's name, mailing address, and any other address where it keeps its main office or its records; (2) the name and title of each officer; (3) the initiation fee charged to new or transferred members, and any fees for work permits; (4) the regular dues or other periodic payments members must pay to stay members; and (5) detailed information — or a reference to where such information appears in other filed documents — about the union's rules and procedures for: (A) who can join or is kept out of membership; (B) charging members extra assessments; (C) taking part in insurance or other benefit plans; (D) approving the union's spending; (E) auditing the union's finances; (F) calling regular and special meetings; (G) choosing officers, stewards, and representatives to other groups, including how each one is elected, appointed, or otherwise chosen; (H) disciplining or removing officers or agents who violate their duties; (I) fining, suspending, or expelling members, including the grounds for doing so and any required notice, hearing, and appeal process; (J) authorizing bargaining demands; (K) approving contract terms; (L) authorizing strikes; and (M) issuing work permits. Whenever any of this information changes, the union must report the change when it files its next annual financial report under subsection (b). (b) Every union must also file an annual financial report, signed by its president and treasurer or similar top officers. This report must be detailed enough to accurately show the union's financial condition and activities for the past fiscal year, covering: (1) assets and debts at the start and end of the year; (2) all money received and where it came from; (3) salaries and other payments, including reimbursed expenses, paid to each officer and to each employee who received more than $10,000 total from the union and any related or affiliated union; (4) loans to any officer, employee, or member that added up to more than $250 during the year, including their purpose, any security given, and how they will be repaid; (5) loans to any business, including their purpose, any security given, and how they will be repaid; and (6) all other spending and its purpose. The Secretary decides the categories used to report this information. (c) Every union that must file a report under this subchapter must make the information in that report available to all of its members. The union and its officers must also let any member, for good cause, examine the union's books, records, and accounts needed to check the report. A member can sue to enforce this right in the right state court or in the federal district court where the union has its main office. If the member wins, the court may also, at its discretion, order the union to pay the member's reasonable attorney's fees and the costs of the lawsuit.
the actual law source: uscode.house.gov ↗public domain
(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).

(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 credit: (Pub. L. 86–257, title II, § 201(a)–(c), Sept. 14, 1959, 73 Stat. 524, 525.)

history & why it existsrecord from the source credit
  • 1959Enacted · Pub. L. 86-257 · 73 Stat. 524, 525

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-257 on 1959-09-14.

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