29 U.S.C. § 433 — Report of employers
submitted 67 years ago by Pub. L. 86-257 to r/title-29-LABOR · 1,107 words · no verdicts yet
Employers must report certain payments and deals to the Secretary of Labor. This covers money paid to unions or union officials, and deals with outside consultants hired to influence workers about unionizing. Persuaders hired for this work must also file their own reports. Ordinary legal advice, collective bargaining, and payments to a company's own regular staff are not covered.
(a) Filing and contents of report of payments, loans, promises, agreements, or arrangements. Any employer who, in a fiscal year, did any of five things must file a signed report with the Secretary of Labor. The report must be signed by the employer's president and treasurer (or corresponding officers) and must give the date, amount, and full circumstances - including any agreement's terms - for each item, plus the name, address, and position of whoever received it. The five triggering situations are: (1) paying or lending money or anything of value - directly or indirectly, including reimbursed expenses - to a labor organization or to any of its officers, agents, shop stewards, other representatives, or employees, or promising to; this does not cover ordinary loans from banks, credit unions, insurance companies, savings and loan associations, or similar credit institutions, and does not cover certain payments already allowed under section 186(c) of this title; (2) paying the employer's own employees, or a group or committee of them, to get those employees to persuade coworkers about whether or how to unionize and bargain collectively - unless the employer told the other employees about the payment at the time or beforehand; (3) spending money, where a purpose of the spending is to interfere with, restrain, or coerce employees in exercising their right to organize and bargain collectively, or to gather information about employee or union activity connected to a labor dispute involving the employer - except spending used only for an administrative or arbitration case, or a criminal or civil court case; (4) making an agreement with a labor relations consultant or other outside contractor where a purpose is to have that person try to persuade employees about unionizing, or to supply the employer with information about employee or union activity in a labor dispute, again except for the proceeding-only use; and (5) making any payment under an agreement described in (4).
(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. This subsection covers the other side of the deal: a person who, under an agreement with an employer, undertakes to (1) persuade employees about organizing and bargaining, or (2) supply the employer with information about employee or union activity connected to a labor dispute (with the same proceeding-only exception as above). That person must file a report with the Secretary within 30 days of entering the agreement. It must be signed by the person's president and treasurer (or corresponding officers) and must give the business name, the address of the main office, and a detailed statement of the agreement's terms. For every fiscal year in which payments were made under such an agreement, that person must also file an annual report, again signed by its top officers, showing (A) all receipts from employers for labor relations advice or services, naming where the money came from, and (B) all disbursements connected to those services and what they were for. The Secretary decides the categories used to report this information.
(c) Advisory or representative services exempt from filing requirements. This section does not require a report just because someone gives advice to an employer, represents or agrees to represent the employer in court, before an agency, or in arbitration, or engages in collective bargaining on the employer's behalf over wages, hours, or other job conditions, including negotiating an agreement or handling questions that come up under it.
(d) Exemption from filing requirements generally. An employer only has to file the (a) report if the employer actually made one of the payments, loans, expenditures, or agreements described there. Likewise, another person only has to file the (b) report if that person was actually a party to one of the described agreements or arrangements.
(e) Services by and payments to regular officers, supervisors, and employees of employer. No report is required for a regular officer, supervisor, or employee of an employer for services provided to that employer in that regular role. Similarly, the employer doesn't have to report payments made to that person as ordinary compensation for their job.
(f) Rights protected by section 158(c) of this title. Nothing in this section changes or limits the free-speech rights already protected under section 158(c) of this title.
(g) "Interfere with, restrain, or coerce" defined. In this section, that phrase means the same kind of interference, restraint, and coercion that would count as an "unfair labor practice" under section 158(a) of this title, if it were done against rights guaranteed by section 157 of this title.
Every employer who in any fiscal year made—
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;
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;
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;
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
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.
Every person who pursuant to any agreement or arrangement with an employer undertakes activities where an object thereof is, directly or indirectly—
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
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.
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.
Nothing contained in this section shall be construed to require an employer to file a report under subsection (a) 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) unless he was a party to an agreement or arrangement of the kind described therein.
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.
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.
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 credit: (Pub. L. 86–257, title II, § 203, Sept. 14, 1959, 73 Stat. 526.)
- 1959Enacted · Pub. L. 86-257 · 73 Stat. 526
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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