29 U.S.C. § 461 — Reports
submitted 67 years ago by Pub. L. 86-257 to r/title-29-LABOR · 435 words · no verdicts yet
A labor union that takes over control of a subordinate union (a "trusteeship") must file detailed reports with the Secretary. Lying in these reports, or destroying records behind them, is a crime. Anyone who signs a report is personally responsible for it.
(a) Filing and contents; annual financial report. When a labor organization takes trusteeship over a subordinate labor organization, it must file a report with the Secretary within 30 days of September 14, 1959, or of starting the trusteeship — and every six months after that. The president, treasurer (or equivalent top officers), and the trustees must all sign it. The report must include: the subordinate organization's name and address; the date the trusteeship started; a detailed explanation of why the trusteeship was started or is continuing; and how much say the subordinate organization's members still have in choosing convention delegates and electing officers of the organization now running the trusteeship. The very first report must also fully describe the subordinate organization's finances as of the moment the trusteeship began. While the trusteeship continues, the organization running it must also file, on the subordinate organization's behalf, the same annual financial report required by section 431(b), signed by both organizations' top officers and the trustees.
(b) Applicability of other laws. Sections 431(c), 435, 436, 438, and 440 also apply to reports filed under this section.
(c) Penalty for violations. Anyone who willfully violates this section can be fined up to $10,000, imprisoned up to one year, or both.
(d) False statements and destroyed records. It is a crime — fined up to $10,000, imprisoned up to one year, or both — to knowingly make a false statement about a material fact in a report required by this section, to knowingly leave out a material fact, to willfully make a false entry in the records behind the report, or to willfully withhold, hide, or destroy the documents, books, records, reports, or statements a report is based on.
(e) Personal liability. Anyone required to sign one of these reports is personally responsible for filing it and for anything in it they know to be false.
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.
The provisions of sections 431(c), 435, 436, 438, and 440 of this title shall be applicable to reports filed under this subchapter.
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.
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.
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 credit: (Pub. L. 86–257, title III, § 301, Sept. 14, 1959, 73 Stat. 530.)
- 1959Enacted · Pub. L. 86-257 · 73 Stat. 530
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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