TABLE OF CONTENTS
- Introduction / Table of Contents
- 020-029 Purposes of the Act
- 030-099 Definitions
- 100-199 Members’ Rights
- 200-299 Reporting and Disclosure
- 300-399 Trusteeship
- 400-499 Elections and Removal
- 500-599 Union Safeguards; Bonding
- 600-699 Enforcement; Miscellaneous Provisions
- Index
This Manual has been prepared for the use of employees of the Office of Labor-Management Standards (OLMS), whose responsibilities relate to administration of the Labor-Management Reporting and Disclosure Act of 1959. It is also made available to the public via the OLMS website.
Each Manual item is keyed to a specific subject of the law. Appropriate court decisions and other administrative materials which affect or relate to provisions of the Act are also keyed into the codification scheme.
The Manual may be used by authorized office personnel as a basis for dealing with situations similar to those in the entries. Care should be taken, however, in attempting to apply an interpretation to a given fact situation, to assure that the facts justify such application. In answering inquiries, orally or (where authorized) in writing, office personnel should follow the language used in the Manual as closely as possible. Doubtful situations should be referred, through appropriate channels, to the Division of Interpretations and Standards.
Please note that, in the December 2016 updates, OLMS deleted Manual sections 214.940, 241.710, 253.323, 285.201, 515.110, 552.250, 552.300, and 552.400, as obsolete, while it has added sections 030.655, 253.960, and 515.301. Also, OLMS has reissued Manual section 310 entries, and 510.005, which had been removed from prior editions. Additionally, please see the below list of revised Manual sections, including those in section 310 and 510.005.
Technical Revisions: 030.205, 030.230, 030.305, 030.403, 030.410, 030.430, 030.505, 030.605, 030.622, 030.627, 030.650, 030.690, 040.901, 041.301, 041.305, 041.420, 110.600, 120.200, 200.550, 200.650, 204.005, 205.120, 205.201, 205.601, 206.705, 206.802, 208.001, 208.002, 208.100, 211.001, 212.005, 212.200, 213.200, 214.001, 214.102, 214.210, 214.215, 214.310, 214.320, 214.505, 214.520, 214.571-77, 214.580, 214.585, 214.590-93, 214.605, 214.610, 214.705, 214.720, 214.810, 214.816, 214.820, 214.840, 214.850, 214.901, 214.920, 214.930, 215.003, 215.005, 215.400, 215.500, 214.600, 214.700, 219.005, 219.010, 220.001, 240.100, 243.400, 243.511, 246.500, 253.007, 253.061, 253.082, 253.305, 253.320, 253.322, 253.350, 253.360, 253.370, 255.100, 255.110, 255.505, 256.005, 257.005, 257.200, 260.002, 263.005, 264.100, 269.001, 270.003, 270.005, 272.500, 274.005, 274.100, 275.006, 281.002, 282.005, 285.100, 290.001, 290.005, 290.100, 305.200, 306.200, 310.200, 313.007, 314.005, 321.100, 350.006, 352.100, 352.105, 352.200, 470.300, 471.005, 471.100, 471.200, 471.201, 473.102, 473.200, 473.300, 473.310, 474.100, 474.101, 474.102, 474.530, 475.005, 475.007, 475.300, 476.001, 476.110, 476.200, 476.210, 476.400, 477.005, 478.100, 490.005, 490.100, 492.005, 510,002, 512.810, 514.005, 517.005, 518.100, Special Note – Bonding, 531.140, 531.435, 531.505, 531.615, 531.640, 532.005, 532.100, 532.605, 534.020, 541.005, 541.100, 550.100, 550.600, 550.710, 550.800, 551.005, 552.100, 552.150, 553.310, 553.505, 580.100, 580.250, 580.405, 580.500, 580.600, 605.005, 610.001, 610.005, 610.015, 610.100, 610.105, 610.110, 610.360, 610.400, 610.405, 630.005, 640.005, 640.100, 660.001, and 685.001.
Other Revisions: 020.005, 030.210, 030.220, 030.652, 041.330, 120.300, 208.005, 210.005, 213.100, 214.115, 214.220, 214.430, 214.560, 214.730, 214.806, 215.200, 241.005, 241.400, 241.700, 244.120, 245.200, 246.700, 248.100, 250.010, 253.020, 253.050, 253.70, 253.71, 253.80, 253.91, 253.710, 255.120, 260.300, 269.510, 272.300, 275.005, 276.005, 280.003, 285.200, 285.400, 305.500, 307.005, 310.005, 310.300, 315.005, 315.100, 354.100, 355.005, 471.210, 472.200, 473.105, 474.202, 474.520, 475.400, 476.005, 476.100, 476.500, 512.800, 515.100, 515.201, 517.100, 517.200, 518.005, 531.405, 531.423, 532.400, 534.002, 536.005, 536.100, 536.300, 537.005, 550.001, 550.005, 550.200, 550.400, 550.700, 552.001, 552.005, 552.205, 552.208, 552.220, 552.500, 552.600, 553.305, 553.400, 580.002, 580.150, 580.200, 580.710, 601.005, 601.100, 605.100, 610.200, 610.305, 610.330, 610.350, 610.365, and 630.002.
These revisions, whether technical or non-technical, do not articulate or establish new policy. Many of the changes are to add and clarify legal citations and to update the manual to be consistent with more recent regulatory and other actions.
In April 2017, OLMS revised Manual Section 214.560, and, in December 2018, OLMS deleted Manual Section 493.055.
In December 2019, OLMS made technical revisions to 517.200, 531.150, 550.001, 552.600, and 675.001, as well as other revisions to 536.100 and 541.100.
In January 2021, OLMS made the following revisions:
Technical revisions Jan. 2021: 205.120, 214.705, 300.003, 325.001, 354.001, Remedy of Abuses During Trusteeship, 471.100, 471.200, 472.200, 473.200, 473.300, 478.200, 580.710, and 610.015.
Other Revisions Jan 2021: 041.301, 220.001, Note on Attorney-Client Communications (between sections 241.002 and 241.005), 265.501, 470.300, 471.201, 471.210, 474.520, 475.007, 476.001, 476.005, 476.100, 476.500, 492.011. 510.005, 512,800, 515.301, 550.005, 552.210, and 610.200.
Additions: 030.530, 041.302,203.006, 212.003, 220.010, 242.006. 252.006, and 478.300.
Finally, in February 2022, OLMS removed 041.302 and 220.010 and added 030.6023 and 030.613.
TABLE OF CONTENTS
001-029 Introduction
030-099 Definitions
100-199 Members’ Rights
200-299 Reporting and Disclosure
300-399 Trusteeship
400-499 Elections and Removal
500-599 Union Safeguards; Bonding
600-699 Enforcement; Miscellaneous Provisions
Index
INTRODUCTION
001
003
015
020
Introduction
Table of Contents
Use of the Manual
Purposes of the Act
DEFINITIONS
030 Definitions Relating to Jurisdiction
030.100 Definitions Relating to Jurisdiction: Commerce
030.200 Definitions Relating to Jurisdiction: Industry Affecting Commerce
030.300 Definitions Relating to Jurisdiction: Labor Organization Engaged in an Industry
Affecting Commerce
030.400 Definitions Relating to Jurisdiction: Employer
030.500 Definitions Relating to Jurisdiction: Employee
030.600 Definitions Relating to Jurisdiction: Labor Organization
031.039 (Numbers Reserved)
040 Statutory Definitions
040.101 LMRDA, Section 3(a) – “Commerce”
040.201 LMRDA, Section 3(b) –“State”
040.301 LMRDA, Section 3(c) – “Industry Affecting Commerce”
040.401 LMRDA, Section 3(d) – “Person”
040.501 LMRDA, Section 3(e) – “Employer”
040.601 LMRDA, Section 3(f) – “Employee”
040.701 LMRDA, Section 3(g) – “Labor Dispute”
040.801 LMRDA, Section 3(h) – “Trusteeship”
040.901 LMRDA, Section 3(i) – “Labor Organization”
041.101 LMRDA, Section 3(j) – “Labor Organization Engaged in an Industry Affecting
Commerce”
041.201 LMRDA, Section 3(k) – “Secret Ballot”
041.301 LMRDA, Section 3(l) – “Trust in which a Labor Organization is Interested”
041.401 LMRDA, Section 3(m) – “Labor Relations Consultant”
041.501 LMRDA, Section 3(n) – “Officer”
041-601 LMRDA, Section 3(o) – “Member” or “Member in Good Standing”
041.701 LMRDA, Section 3(p) – “Secretary”
041.801 LMRDA, Section 3(q) – “Officer, Agent, Shop Steward or Other Representative”
041.801 LMRDA, Section 3(r) – “District Court of the United States”
042.049 (Numbers Reserved)
MEMBERS’ RIGHTS
100 Bill of Rights of Members of Labor Organizations
101-109 (Numbers Reserved)
110 Right to Copy of Collective Bargaining Agreement
111-119 (Numbers Reserved)
120 Right to be Free from Violence and Threats
121-199 (Numbers Reserved)
REPORTING AND DISCLOSURE
200 Reporting in General
201 Labor Organization Information Report in General
202 Who Must File
203 Time and Place to File Initial Reports and Terminal Information Reports
204 Requirements to Adopt a Constitution and Bylaws
205.100 Contents of LM-1 Report: Constitution and Bylaws
205.200 Contents of LM-1 Report: Name, Address, Office of Union, Names and Titles of Union Officers
205.300 Contents of LM-1 Report: Dues, Fees, Work Permits, Assessments
205.400 Contents of LM-1 Report: Qualification and Restrictions on Membership
205.500 Contents of LM-1 Report: Levying of Assessments
205.600 Contents of LM-1 Report: Insurance or Benefit Plan
205.700 Contents of LM-1 Report: Disbursement of Funds
205.800 Contents of LM-1 Report: Audit of Finances
205.900 Contents of LM-1 Report: Calling of Meetings
206.100 Contents of LM-1 Report: Selection of Officers
206.200 Contents of LM-1 Report: Removal of Officers
206.300 Contents of LM-1 Report: Fines and Appeals
206.400 Contents of LM-1 Report: Bargaining
206.500 Contents of LM-1 Report: Ratification of Contract
206.600 Contents of LM-1 Report: Authorization of Strikes
206.700 Contents of LM-1 Report: Issuance of Work Permits
206.800 Contents of LM-1 Report: Signatures
207 (Number Reserved)
208 Changes in Information on LM-1 Report
209 (Number Reserved)
210 Labor Organization Annual Reports LM-2, LM-3 In General
211 Who Must File
212 Time and Place to File Initial and Terminal Reports
213 Combined or Consolidated Reporting
214 Information Required by Law
214.100 Contents of Annual Report: Fiscal Year
214.200 Contents of Annual Report: Assets
214.300 Contents of Annual Report: Liabilities
214.400 Contents of Annual Report: Receipts
214.500 Contents of Annual Report: Salary and Disbursements to Officers and Employees
214.600 Contents of Annual Report: Loans to Officers, Members and Employees
214.700 Contents of Annual Report: Loans to Business Enterprises
214.800 Contents of Annual Report: Other Disbursements
214.900 Contents of Annual Report: Signatures, Names and Addresses of Organization
215 Subsidiary Organization
216 Methods of Accounting
217-218 (Numbers Reserved)
219 Labor Organization Financial Report, LM-3
220 Trust in Which a Labor Organization is Interested
221-229 (Numbers Reserved)
230 Trusteeship Reports; Who Must Report
231 When and Where Reports Must be Filed
232 Initial Trusteeship Report, LM-15
233 Semiannual Trusteeship Report, LM-15
234 (Number Reserved)
235 Information and Financial Reports for Trusteed Union, LM-2
236 Terminal Trusteeship Report, LM-16
237-239 (Numbers Reserved)
240 Union Officer and Employee Reports in General
241 Who Must File
242 Time and Place to File Union Officer and Employee Reports
243 Benefit from Business which Deals with Employer of Union Members
244 Transaction with Employer of Union Members
245 Benefit from Business which Deals with Employer of Union Members
246 Benefit from Business which Deals with Union
247 Business Transaction with Employer of Union Members
248 Payment Received from Any Employer or Consultant
249 (Number Reserved)
250 Employer Reporting in General
251 Employer Reports; Who Must Report
252 When and Where to File Employer Reports
253 Payments to Unions, Officers, etc.
253.100 Payments Accepted under Taft-Hartley in General
253.200 Payments Accepted under Taft-Hartley: Payments to Employee-Consultant Acting Openly
253.300 Payments Accepted under Taft-Hartley: Regular Wage Exemption
253.400 Payments Accepted under Taft-Hartley: Payments of Disputed Claims
253.500 Payments Accepted under Taft-Hartley: Sales and Purchases at Market Prices
253.600 Payments Accepted under Taft-Hartley: Dues Deducted from Wages
253.700 Payments Accepted under Taft-Hartley: Payments to Welfare and Pension Trust
253.800 Payments Accepted under Taft-Hartley: Payments to Fringe Benefit Trust
253.900 Payments Accepted under Taft-Hartley: Scholarship or Child Care Center Trust
253.950 Payments Accepted under Taft-Hartley: Legal Services Trust Fund
254 Payments to Employees
255 Expenditure to Interfere with Restrain or Coerce Employees
255.500 “Free Speech” Right of Employer
256 Expenditures to Obtain Information
257 Agreement with Consultant
258 Payment to Consultant
259 Employer Report, Form LM-10
260 Consultant Reporting In General
261 Who Must Report
262 When and Where to File Consultant Reports
263 Persuasion by Consultant
264 Supplying of Information by Consultant
265 “Advice” Exemption
265.500 Attorney-Client Exemption
266 Supervisors and Employees
267-268 (Numbers Reserved)
269 Consultant: Agreement and Activities Report, LM-20
269.500 Consultant: Receipts and Disbursements Report, LM-21
270 Private Disclosure: Unions to Members and Employees
271 (Number Reserved)
272 What Union Must Make Available to Members
273 (Number Reserved)
274 Member Must Make Demand
275 Requirement of “Just Cause” to Examine Union Books
276 When Member Can Sue to Enforce Right
277-279 (Numbers Reserved)
280 Public Disclosure in General
281 Effect of Acknowledgement and Filing of Reports by OLMS
282 Cancellation and Removal of Reports from OLMS Files
283-284 (Numbers Reserved)
285 Retention of Reporting Records
286-289 (Numbers Reserved)
290 Surety Company Reporting
291-299 (Numbers Reserved)
TRUSTEESHIP
300 Trusteeship in General
301-304 (Numbers Reserved)
305 Determining Existence of Trusteeship
306 Merger as Trusteeship
307 Revocation and Reissuance of Charter as Trusteeship
308 Restraint on Disaffiliation as Trusteeship
309 Absence of Autonomy Otherwise Available
310 Purposes of Trusteeship in General
311 Correcting Corruption
312 Financial Malpractice
313 Assuring Performance of Collective Bargaining Agreement
314 Restoring Democratic Procedures
315 Other Legitimate Objects
316-319 (Numbers Reserved)
320 Activities of a Trusteed Union
321 The Trustee
322 Participation in Elections of Superior Bodies
323 Elections Within the Trusteed Local
324 Management of Funds
325 Distribution of Assets
326 Reporting Obligation
327 Remedy of Abuses During Trusteeship
328-349 (Numbers Reserved)
350 Termination of Trusteeship in General
351 Voluntary Termination
352 Suit by Member to Terminate Trusteeship
353 Complaint by Member to Secretary
354 Action by Secretary of Labor
355 Presumption of Validity
356 Presumption of Invalidity
357 Suit to Correct Abuses During Trusteeship Now Terminated
358-399 (Numbers Reserved)
ELECTIONS AND REMOVAL
(Old Entries 400-469 had been withdrawn in a prior release, see 29 CFR 452; OLMS is considering re-issuance of some of these Manual sections in a later release)
470 Protesting Elections: In General
471 Who May Sue; When Suit May be Brought
472 Initiating Available Union Remedies
473 Union Remedies Must Be Invoked
474 Complaint to Secretary
475 Investigation by Secretary
476 Suit by Secretary
477 Outcome May Have Been Affected
478 Rerun Elections
479-489 (Numbers Reserved)
490 Removal of Officers in General
491 (Number Reserved)
492 Adequacy of Removal Procedure
493 Complaint – Where Removal Procedures Adequate but Violated
UNION SAFEGUARDS
500-509 (Numbers Reserved)
510 Fiduciary Responsibility of Officers and Others
511 (Numbers Reserved)
512 Propriety of Expenditures
513 (Numbers Reserved)
514 Exculpatory Provisions
515 Suit for Accounting or Relief
516 (Number Reserved)
517 Court Must Grant Leave to Sue
518 Counsel Fees and Expenses
519-529 (Numbers Reserved)
BONDING
530 Bonding in General
531 Who Must Be Bonded in General
531.100 Who Must Be Bonded: “Person”
531.200 Who Must Be Bonded: “Duties”
531.300 Who Must Be Bonded: “Labor Organization”
531.400 Who Must Be Bonded: “Trust in Which a Labor Organization is Interested”
531.500 Who Must Be Bonded: “Funds”
531.600 Who Must Be Bonded: “Handled”
531.700 Who Must Be Bonded: “Exclusions”
532 Amount of Bond – Term of Bond
533 Type of Bond: Honesty
534 Form of Bond: Individual or Schedule Designation of Insured
535 Approved Surety
536 Conflict of Interest – Bonding
537 Payment of Premium
538-539 (Numbers Reserved)
540 Prohibitions Against Certain Financial Aid to Officers
541 Union Loans, Direct or Indirect
542-549 (Numbers Reserved)
550 Prohibition Against Holding Office or Employment
551 Prohibition Against Communists
552 Prohibition Against Convicts
553 Crimes Covered by Section 504
554-579 (Numbers Reserved)
580 Embezzlement and Other Criminal Conversions
581-599 (Numbers Reserved)
ENFORCEMENT
601 Enforcement In General
602-604 (Numbers Reserved)
605 Investigations
606-609 (Numbers Reserved)
610 Subpoena Powers
611-629 (Numbers Reserved)
630 Cooperation with Other Agencies and Departments
631-639 (Numbers Reserved)
640 Service of Process
641-650 (Numbers Reserved)
MISCELANEOUS PROVISIONS
651-659 (Numbers Reserved)
660 Effect of LMRDA on State and Other Federal Laws
661-669 (Numbers Reserved)
670 Extortionate Picketing
671-674 (Numbers Reserved)
675 Criminal Contempt Limitations
676-679 (Numbers Reserved)
680 Applicability of Administrative Procedure Act
681-684 (Numbers Reserved)
685 Separability Provisions
686-699 (Numbers Reserved)
USE OF THE MANUAL
To facilitate research, the material in this Manual has been arranged under general subjects, e.g., the 100s related to Members’ Rights, the 200s relate to Reporting, the 300s, to Trusteeship, 400s, to Elections, etc.
While the hundreds generally correspond to the contents of the Titles of the Act, the breakdown within the hundreds does not correspond to the section numbering of the Act. (This is because the same subject is often treated under different Titles of the Act. For example, Title II covers reporting, but section 301 covers Trusteeship Reports. In this Manual all information relating to reporting is contained in the 200s Reporting series.)
Within these “hundreds” series (100, 200, 300, etc.) the numbers are broken down to accommodate general topics and further broken down to indicate subtopics.
For example, the 400 series deals with Elections and Removal of Officers.
The general topic of Elections and Removal is broken down as follows:
410 - Organizations to Which Election Provisions Apply
420 - Nominations – In General
430 - Campaigning
440 - The Election Itself – In General
460 - Publications of Results and Preservation of Records
470 - Protesting Elections – In General
490 - Removal of Officers – In General
The particular topic 430 “Campaigning” is subdivided as follows:
431 - Distribution of Campaign Literature
432 - Inspection of Membership Lists
433 - Right to Support Candidate
434 - Unions May Not Support Candidates
435 - Impartial Publication of Election Information
436 - (Numbers Reserved)
437 - (Numbers Reserved)
438 - Employer Promotion of Union Candidacy
Under these subtopics the material is arranged in the following order:
.001 Section or sections of the Act involved
.002 Section or sections of Regulations involved
.005, .007, .009, .011, etc. Explanatory materials.
It will be observed that a decimal numbering system indicates each particular entry in the Manual. Thus, under the subtopic 433, Right to Support Candidate, 433.001 is the pertinent section of the LMRDA (second part of the first sentence of section 401(e)); there is no 433.002 because presently the Regulations contain no statement on this subtopic; and 433.005, 433.090, 433.091 are three entries on this subtopic. You will note that there are gaps in the decimal numbering, e.g., there are presently no entries numbered 433.002, 433.003, 433.004, 433.006, 433.080, 433.100, etc.; this is to facilitate the placement of new entries in this Manual in the future.
A comprehensive topical index is included in the Manual.
Last Updated: 2-11-22