22 U.S.C. § 4117 — Standards of conduct for labor organizations

(a) The Department may recognize only an organization free from corrupt influences and influences opposed to basic democratic principles. Except under (b), it need not prove this if the organization is subject to explicit and detailed governing rules adopted by the organization itself, or by a national or international labor organization or federation of labor organizations with which it is affiliated or in which it participates, and the organization subscribes to those rules. The rules must require (1) democratic procedures, including safeguarded periodic elections and member participation, fair and equal treatment, and fair discipline; (2) exclusion from office of people affiliated with Communist or other totalitarian movements or identified with corrupt influences; (3) no officer or agent business or financial interest conflicting with duties to the organization and members; and (4) fiscal integrity, accounting and financial controls, and regular financial reports or summaries for members. (b) The organization may be required to provide evidence if reasonably believed (1) to have been suspended, expelled, or sanctioned by a parent organization for unwillingness or inability to follow comparable rules, or (2) actually subject to disqualifying influences. (c) A recognized or seeking organization must file financial and other reports with the Assistant Secretary of Labor for Labor Management Relations, bond officials and other employees, and follow trusteeship and election standards. (d) The Assistant Secretary must issue needed regulations generally consistent with private-sector principles. Complaints go to the Assistant Secretary, who may order an organization to stop violations and take appropriate corrective action. (e)(1) Participation in labor-organization management for bargaining or serving as its representative is prohibited for (A)(i) management officials and confidential employees; (ii) anyone who served in either role during the preceding two years; or (iii) another employee when the activity creates an actual or apparent conflict or conflicts with law or official duties. Service as a management official or confidential employee is prohibited for anyone who participated in such union management or representation during the preceding two years. (2) For these two-year rules, “management official” does not include (A) a chief of mission; (B) a principal or deputy principal officer; (C) an administrative or personnel officer abroad; or (D) a person described in section 4102(12)(B), (C), or (D) who is not involved in administering this subchapter or forming Department personnel policies and programs. This section does not otherwise define the quoted term. (f) If the Board finds that an organization willfully and intentionally violated section 4115(b)(7), by action or omission concerning a strike, work stoppage, or slowdown, the Board must revoke exclusive recognition, after which the organization immediately loses the legal right and duty to represent the unit, or take another appropriate disciplinary action.