§ 4117. — Standards of conduct for labor organizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4117]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4117. Standards of conduct for labor organizations
(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) of this
section, 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) the maintenance of democratic procedures and practices,
including--
(A) provisions for periodic elections to be conducted
subject to recognized safeguards, and
(B) provisions defining and securing the right of individual
members to participate in the affairs of the organization, to
receive fair and equal treatment under the governing rules of
the organization, and to receive fair process in disciplinary
proceedings;
(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) of this section; 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.
(Pub. L. 96-465, title I, Sec. 1017, Oct. 17, 1980, 94 Stat. 2140; Pub.
L. 103-236, title I, Sec. 171, Apr. 30, 1994, 108 Stat. 411; Pub. L.
105-277, div. G, subdiv. B, title XXIII, Sec. 2315, Oct. 21, 1998, 112
Stat. 2681-828.)
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.''
