22 U.S.C. § 4117: Standards of conduct for…

Summary

The Department will only recognize a labor organization if it is free of corruption and of forces that go against basic democratic rules. A group does not have to prove that if it follows clear, written rules from itself or from a larger national or international labor group it belongs to. Those rules must cover four main areas: fair democratic procedures and regular elections and member rights; rules keeping out people tied to totalitarian movements or corrupt influences; bans on officers having business or financial interests that conflict with their duties; and strong financial controls, accounting, and member reports. The law also says the Assistant Secretary of Labor for Labor Management Relations will make rules, take complaints, and can order a group to stop bad acts and fix problems. A recognized or seeking organization must file financial and other reports with that office, bond its officials, and follow trusteeship and election rules. People who are management officials or confidential employees, or who served as such in the past two years, generally may not run or represent a labor organization in collective bargaining; the law lists certain high-level or overseas officers who are exceptions. If a union willfully breaks the rule about strikes or slowdowns, the Board can strip its exclusive recognition or take other discipline.

Title 22, §4117

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(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), 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)

(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); 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (e)(2). Pub. L. 105–277 amended 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. 103–236 amended 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.”

§4117 Standards of Conduct for Labor Organizations

Summary

Title 22, §4117

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata