(a) Freedom from corrupt influences and influences opposed to basic democratic principles
The Department shall accord recognition only to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. Except as provided in subsection (b) of this section, an organization is not required to prove that it is free from such influences if it is subject to a governing requirement adopted by the organization or by a national or international labor organization or federation of labor organizations with which it is affiliated, or in which it participates, containing explicit and detailed provisions to which it subscribes calling for—
(1)the maintenance of democratic procedures and practices, including—
(A)provisions for periodic elections to be conducted subject to recognized safeguards, and
(B)provisions defining and securing the right of individual members to participate in the affairs of the organization, to receive fair and equal treatment under the governing rules of the organization, and to receive fair process in disciplinary proceedings;
(2)the exclusion from office in the organization of persons affiliated with Communist or other totalitarian movements and persons identified with corrupt influences;
(3)the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members; and
(4)the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provisions for accounting and financial controls and regular financial reports or summaries to be made available to members.
(b) Furnishing of information
A labor organization may be required to furnish evidence of its freedom from corrupt influences opposed to basic democratic principles if there is reasonable cause to believe that—
(1)the organization has been suspended or expelled from, or is subject to other sanction by, a parent labor organization, or federation of organizations with which it has been affiliated, because it has demonstrated an unwillingness or inability to comply with governing requirements comparable in purpose to those required by subsection (a) of this section; or
(2)the organization is in fact subject to influences that would preclude recognition under this subchapter.
(c) Reports; bonding of officials and other employees; compliance with trusteeship and election standards
A labor organization which has or seeks recognition as a representative of employees under this subchapter shall file financial and other reports with the Assistant Secretary of Labor for Labor Management Relations, provide for bonding of officials and others employed by the organization, and comply with trusteeship and election standards.
(d) Regulations; filing of complaints; cease and desist orders
The Assistant Secretary of Labor shall prescribe such regulations as are necessary to carry out this section. Such regulations shall conform generally to the principles applied to labor organizations in the private sector. Complaints of violations of this section shall be filed with the Assistant Secretary. In any matter arising under this section, the Assistant Secretary may require a labor organization to cease and desist from violations of this section and require it to take such actions as the Assistant Secretary considers appropriate to carry out the policies of this section.
(e) Participation in labor organizations restricted
(1)Notwithstanding any other provision of this subchapter—
(A)participation in the management of a labor organization for purposes of collective bargaining or acting as a representative of a labor organization for such purposes is prohibited under this subchapter—
(i)on the part of any management official or confidential employee;
(ii)on the part of any individual who has served as a management official or confidential employee during the preceding two years; or
(iii)on the part of any other employee if the participation or activity would result in a conflict of interest or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such employee; and
(B)service as a management official or confidential employee is prohibited on the part of any individual having participated in the management of a labor organization for purposes of collective bargaining or having acted as a representative of a labor organization during the preceding two years.
(2)For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term “management official” does not include—
(A)any chief of mission;
(B)any principal officer or deputy principal officer;
(C)any administrative or personnel officer abroad; or
(D)any individual described in section
4102(12)(B), (C), or (D) of this title who is not involved in the administration of this subchapter or in the formulation of the personnel policies and programs of the Department.
(f) Willful and intentional violations
If the Board finds that any labor organization has willfully and intentionally violated section
4115(b)(7) of this title by omission or commission with regard to any strike, work stoppage, slowdown, the Board shall—
(1)revoke the exclusive recognition status of the labor organization, which shall then immediately cease to be legally entitled and obligated to represent employees in the unit; or
(2)take any other appropriate disciplinary action.
1998—Subsec. (e)(2). Pub. L. 105–277amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term ‘management official’ shall not include chiefs of mission, principal officers and their deputies, and administrative and personnel officers abroad.”
1994—Subsec. (e). Pub. L. 103–236amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “This subchapter does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a management official, a confidential employee, or any other employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such management official or such employee.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.