A constitutional officer refers to a person holding a position
identified as an officer by the constitution and bylaws of the labor
organization. Thus, for example, a legislative representative of a labor
organization who performs no executive functions and whose duties are
confined to promoting the interests of members in legislative matters is
nevertheless an officer who is required to be elected where the labor
organization's constitution identifies the holder of such a position as
an officer. On the other hand, legislative representatives who are
required to be elected by the constitution and bylaws of a labor
organization are not considered to be officers within the meaning of the
Act if they are not designated as such by the constitution, are not
members of any executive board or similar governing body, and do not
perform executive functions. As defined in the Act, however, the term
``officer'' is not limited to individuals in positions identified as
such or provided for in the constitution or other organic law of the
labor organization. \17\ The post of Honorary President, President
Emeritus or Past President that is to be assumed by the retiring chief
executive officer of a union would not be an officer position unless it
is designated as an officer position by the union's constitution, or the
holder of the position performs executive functions or serves on an
executive board or similar governing body.
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\17\ Cf. NLRB v. Coca-Cola Bottling Co., 350 U.S. 264 (1956). See
also, Daily Cong. Rec. 5867, Sen., Apr. 23, 1959.
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