§ 431. — Report of 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: 29USC431]
TITLE 29--LABOR
CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER III--REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND EMPLOYEES
OF LABOR ORGANIZATIONS, AND EMPLOYERS
Sec. 431. Report of labor organizations
(a) Adoption and filing of constitution and bylaws; contents of report
Every labor organization shall adopt a constitution and bylaws and
shall file a copy thereof with the Secretary, together with a report,
signed by its president and secretary or corresponding principal
officers, containing the following information--
(1) the name of the labor organization, its mailing address, and
any other address at which it maintains its principal office or at
which it keeps the records referred to in this subchapter;
(2) the name and title of each of its officers;
(3) the initiation fee or fees required from a new or
transferred member and fees for work permits required by the
reporting labor organization;
(4) the regular dues or fees or other periodic payments required
to remain a member of the reporting labor organization; and
(5) detailed statements, or references to specific provisions of
documents filed under this subsection which contain such statements,
showing the provision made and procedures followed with respect to
each of the following: (A) qualifications for or restrictions on
membership, (B) levying of assessments, (C) participation in
insurance or other benefit plans, (D) authorization for disbursement
of funds of the labor organization, (E) audit of financial
transactions of the labor organization, (F) the calling of regular
and special meetings, (G) the selection of officers and stewards and
of any representatives to other bodies composed of labor
organizations' representatives, with a specific statement of the
manner in which each officer was elected, appointed, or otherwise
selected, (H) discipline or removal of officers or agents for
breaches of their trust, (I) imposition of fines, suspensions, and
expulsions of members, including the grounds for such action and any
provision made for notice, hearing, judgment on the evidence, and
appeal procedures, (J) authorization for bargaining demands, (K)
ratification of contract terms, (L) authorization for strikes, and
(M) issuance of work permits. Any change in the information required
by this subsection shall be reported to the Secretary at the time
the reporting labor organization files with the Secretary the annual
financial report required by subsection (b) of this section.
(b) Annual financial report; filing; contents
Every labor organization shall file annually with the Secretary a
financial report signed by its president and treasurer or corresponding
principal officers containing the following information in such detail
as may be necessary accurately to disclose its financial condition and
operations for its preceding fiscal year--
(1) assets and liabilities at the beginning and end of the
fiscal year;
(2) receipts of any kind and the sources thereof;
(3) salary, allowances, and other direct or indirect
disbursements (including reimbursed expenses) to each officer and
also to each employee who, during such fiscal year, received more
than $10,000 in the aggregate from such labor organization and any
other labor organization affiliated with it or with which it is
affiliated, or which is affiliated with the same national or
international labor organization;
(4) direct and indirect loans made to any officer, employee, or
member, which aggregated more than $250 during the fiscal year,
together with a statement of the purpose, security, if any, and
arrangements for repayment;
(5) direct and indirect loans to any business enterprise,
together with a statement of the purpose, security, if any, and
arrangements for repayment; and
(6) other disbursements made by it including the purposes
thereof;
all in such categories as the Secretary may prescribe.
(c) Availability of information to members; examination of books,
records, and accounts
Every labor organization required to submit a report under this
subchapter shall make available the information required to be contained
in such report to all of its members, and every such labor organization
and its officers shall be under a duty enforceable at the suit of any
member of such organization in any State court of competent jurisdiction
or in the district court of the United States for the district in which
such labor organization maintains its principal office, to permit such
member for just cause to examine any books, records, and accounts
necessary to verify such report. The court in such action may, in its
discretion, in addition to any judgment awarded to the plaintiff or
plaintiffs, allow a reasonable attorney's fee to be paid by the
defendant, and costs of the action.
(Pub. L. 86-257, title II, Sec. 201(a)-(c), Sept. 14, 1959, 73 Stat.
524, 525.)
Codification
Section is comprised of subsecs. (a) to (c) of section 201 of Pub.
L. 86-257. Subsec. (d) of section 201 repealed subsecs. (f) to (h) of
section 159 of this title, and subsec. (e) of section 201 amended
section 158(a)(3)(i) of this title.
Section Referred to in Other Sections
This section is referred to in sections 435, 437, 439, 461 of this
title.
