§ 433. — Report of employers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC433]
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. 433. Report of employers
(a) Filing and contents of report of payments, loans, promises,
agreements, or arrangements
Every employer who in any fiscal year made--
(1) any payment or loan, direct or indirect, of money or other
thing of value (including reimbursed expenses), or any promise or
agreement therefor, to any labor organization or officer, agent,
shop steward, or other representative of a labor organization, or
employee of any labor organization, except (A) payments or loans
made by any national or State bank, credit union, insurance company,
savings and loan association or other credit institution and (B)
payments of the kind referred to in section 186(c) of this title;
(2) any payment (including reimbursed expenses) to any of his
employees, or any group or committee of such employees, for the
purpose of causing such employee or group or committee of employees
to persuade other employees to exercise or not to exercise, or as
the manner of exercising, the right to organize and bargain
collectively through representatives of their own choosing unless
such payments were contemporaneously or previously disclosed to such
other employees;
(3) any expenditure, during the fiscal year, where an object
thereof, directly or indirectly, is to interfere with, restrain, or
coerce employees in the exercise of the right to organize and
bargain collectively through representatives of their own choosing,
or is to obtain information concerning the activities of employees
or a labor organization in connection with a labor dispute involving
such employer, except for use solely in conjunction with an
administrative or arbitral proceeding or a criminal or civil
judicial proceeding;
(4) any agreement or arrangement with a labor relations
consultant or other independent contractor or organization pursuant
to which such person undertakes activities where an object thereof,
directly or indirectly, is to persuade employees to exercise or not
to exercise, or persuade employees as to the manner of exercising,
the right to organize and bargain collectively through
representatives of their own choosing, or undertakes to supply such
employer with information concerning the activities of employees or
a labor organization in connection with a labor dispute involving
such employer, except information for use solely in conjunction with
an administrative or arbitral proceeding or a criminal or civil
judicial proceeding; or
(5) any payment (including reimbursed expenses) pursuant to an
agreement or arrangement described in subdivision (4);
shall file with the Secretary a report, in a form prescribed by him,
signed by its president and treasurer or corresponding principal
officers showing in detail the date and amount of each such payment,
loan, promise, agreement, or arrangement and the name, address, and
position, if any, in any firm or labor organization of the person to
whom it was made and a full explanation of the circumstances of all such
payments, including the terms of any agreement or understanding pursuant
to which they were made.
(b) Persuasive activities relating to the right to organize and bargain
collectively; supplying information of activities in connection
with labor disputes; filing and contents of report of agreement
or arrangement
Every person who pursuant to any agreement or arrangement with an
employer undertakes activities where an object thereof is, directly or
indirectly--
(1) to persuade employees to exercise or not to exercise, or
persuade employees as to the manner of exercising, the right to
organize and bargain collectively through representatives of their
own choosing; or
(2) to supply an employer with information concerning the
activities of employees or a labor organization in connection with a
labor dispute involving such employer, except information for use
solely in conjunction with an administrative or arbitral proceeding
or a criminal or civil judicial proceeding;
shall file within thirty days after entering into such agreement or
arrangement a report with the Secretary, signed by its president and
treasurer or corresponding principal officers, containing the name under
which such person is engaged in doing business and the address of its
principal office, and a detailed statement of the terms and conditions
of such agreement or arrangement. Every such person shall file annually,
with respect to each fiscal year during which payments were made as a
result of such an agreement or arrangement, a report with the Secretary,
signed by its president and treasurer or corresponding principal
officers, containing a statement (A) of its receipts of any kind from
employers on account of labor relations advice or services, designating
the sources thereof, and (B) of its disbursements of any kind, in
connection with such services and the purposes thereof. In each such
case such information shall be set forth in such categories as the
Secretary may prescribe.
(c) Advisory or representative services exempt from filing requirements
Nothing in this section shall be construed to require any employer
or other person to file a report covering the services of such person by
reason of his giving or agreeing to give advice to such employer or
representing or agreeing to represent such employer before any court,
administrative agency, or tribunal of arbitration or engaging or
agreeing to engage in collective bargaining on behalf of such employer
with respect to wages, hours, or other terms or conditions of employment
or the negotiation of an agreement or any question arising thereunder.
(d) Exemption from filing requirements generally
Nothing contained in this section shall be construed to require an
employer to file a report under subsection (a) of this section unless he
has made an expenditure, payment, loan, agreement, or arrangement of the
kind described therein. Nothing contained in this section shall be
construed to require any other person to file a report under subsection
(b) of this section unless he was a party to an agreement or arrangement
of the kind described therein.
(e) Services by and payments to regular officers, supervisors, and
employees of employer
Nothing contained in this section shall be construed to require any
regular officer, supervisor, or employee of an employer to file a report
in connection with services rendered to such employer nor shall any
employer be required to file a report covering expenditures made to any
regular officer, supervisor, or employee of an employer as compensation
for service as a regular officer, supervisor, or employee of such
employer.
(f) Rights protected by section 158(c) of this title
Nothing contained in this section shall be construed as an amendment
to, or modification of the rights protected by, section 158(c) of this
title.
(g) ``Interfere with, restrain, or coerce'' defined
The term ``interfere with, restrain, or coerce'' as used in this
section means interference, restraint, and coercion which, if done with
respect to the exercise of rights guaranteed in section 157 of this
title, would, under section 158(a) of this title, constitute an unfair
labor practice.
(Pub. L. 86-257, title II, Sec. 203, Sept. 14, 1959, 73 Stat. 526.)
Section Referred to in Other Sections
This section is referred to in sections 435, 437, 439 of this title.
