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Office of Labor-Management Standards
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Office of Labor-Management Standards (OLMS)

Enforcement Coordination

As part of its enforcement program under the Labor-Management Reporting and Disclosure Act (LMRDA), the Department of Labor (DOL) has a Memorandum of Understanding (MOU) with the Department of Justice (DOJ) with respect to enforcement responsibilities under the LMRDA.

DOL - DOJ Memorandum of Understanding on the LMRDA

Copy of MOU

On January 18, 2005, Secretary of Labor Elaine L. Chao and Attorney General John Ashcroft signed a new MOU relating to the investigation and prosecution of crimes and civil enforcement actions under the LMRDA. This MOU replaced a 1960 MOU signed shortly after the passage of the LMRDA. The MOU was entered into pursuant to section 607 of the LMRDA which provides that the Secretary of Labor may make interagency agreements to avoid unnecessary expense and duplication of functions among government agencies and ensure cooperation and mutual assistance in the performance of functions under the LMRDA. Among other things, the MOU provides:

  • All LMRDA cases involving violation of the criminal provisions of the Act will be prosecuted by the Department of Justice (DOJ).
  • Subject to specific agreements between DOJ and the Department of Labor (DOL) on a case-by-case basis, DOL will investigate criminal matters arising under LMRDA:
    • Title II (reporting by labor organizations, labor organization officers and employees, employers, labor relations consultants, and surety companies)
    • Title III (trusteeships)Section 501(c) (embezzlement of union funds)Section 502 (bonding of labor organization officers, employees, and other representative who handle funds of the union)Section 503 (prohibition against making certain loans to labor organization officers and employees and paying their fines)Section 504 (prohibition on persons convicted of certain crimes from holding union office or employment, or other positions)Section 602 (extortionate picketing)
    • Section 610 (deprivation of rights by force or violence).
  • Subject to specific agreements between DOJ and DOL on a case-by-case basis, DOJ will investigate criminal matters arising under LMRDA Section 505 (containing an amendment to section 302 of the Labor Management Relations Act, 1947, as amended) and, under delegation from the Secretary of Labor:
    • Section 501(c)(embezzlement of union funds)
    • Section 504 (prohibition on persons convicted of certain crimes from holding union office or employment, or other positions)
    • Section 610 (deprivation of rights by force or violence).
  • DOJ will institute and conduct civil enforcement action on behalf of the Secretary of Labor when DOL has provided DOJ with all pertinent information and requested civil enforcement action.
  • As set forth in detail in the MOU, DOL and DOJ will cooperate on matters arising under section 504(a)(B) (judicial determination that a disqualified person's service in any prohibited capacity would not be contrary to the purposes of the LMRDA) and section 504(a) with respect to judicial reduction of the period of disability.

Last Updated: 2/4/10