§431 — Title 29 Labor | U.S. Code

Summary

Labor unions must have written rules (a constitution and bylaws) and send a copy to the Secretary. They must also file a report, signed by the president and secretary (or their top officers), that gives the union’s name and addresses, the names and titles of its officers, any new-member or work-permit fees, regular dues, and clear statements (or references to filed documents) about membership rules, assessments, benefit plans, how money is spent and audited, meetings, how officers and representatives are chosen, discipline and removal of officers, fines or expulsions of members (and the notice, hearing, decision, and appeal steps), bargaining and contract approval, strike authorization, and work permits. Any changes in this information must be reported when the union files its yearly financial report. Each union must file a yearly financial report, signed by the president and treasurer (or their top officers), showing assets and debts at the start and end of the fiscal year; all money received and where it came from; payments to each officer and to any employee who got more than $10,000 total from the union or from affiliated unions; loans over $250 to officers, employees, or members (with purpose, security, and repayment terms); loans to businesses with the same details; and other payments and their purposes. The union must make this information available to members and must let any member, for good reason, inspect the books and records needed to check the report. A member may sue in a proper State court or in the federal district court where the union’s main office is, and the court may award attorney fees and costs.

Title 29, §431

Labor — Source: USLM XML via OLRC

(a)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)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;

(c)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.

Editorial Notes

Codification Section is comprised of subsecs. (a) to (c) of section 201 of Pub. L. 86–257. Subsec. (d) of section 201 repealed subsecs. (f) to (h) of section 159 of this title, and subsec. (e) of section 201 amended section 158(a)(3)(i) of this title.

§431 Report of labor organizations

Summary

Title 29, §431

Notes & Related Subsidiaries

Editorial Notes

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