§ 504. — Prohibition against certain persons holding office.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC504]
TITLE 29--LABOR
CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER VI--SAFEGUARDS FOR LABOR ORGANIZATIONS
Sec. 504. Prohibition against certain persons holding office
(a) Membership in Communist Party; persons convicted of robbery,
bribery, etc.
No person who is or has been a member of the Communist Party or who
has been convicted of, or served any part of a prison term resulting
from his conviction of, robbery, bribery, extortion, embezzlement, grand
larceny, burglary, arson, violation of narcotics laws, murder, rape,
assault with intent to kill, assault which inflicts grievous bodily
injury, or a violation of subchapter III or IV of this chapter \1\ any
felony involving abuse or misuse of such person's position or employment
in a labor organization or employee benefit plan to seek or obtain an
illegal gain at the expense of the members of the labor organization or
the beneficiaries of the employee benefit plan, or conspiracy to commit
any such crimes or attempt to commit any such crimes, or a crime in
which any of the foregoing crimes is an element, shall serve or be
permitted to serve--
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\1\ So in original. Probably should be followed by a comma.
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(1) as a consultant or adviser to any labor organization,
(2) as an officer, director, trustee, member of any executive
board or similar governing body, business agent, manager, organizer,
employee, or representative in any capacity of any labor
organization,
(3) as a labor relations consultant or adviser to a person
engaged in an industry or activity affecting commerce, or as an
officer, director, agent, or employee of any group or association of
employers dealing with any labor organization, or in a position
having specific collective bargaining authority or direct
responsibility in the area of labor-management relations in any
corporation or association engaged in an industry or activity
affecting commerce, or
(4) in a position which entitles its occupant to a share of the
proceeds of, or as an officer or executive or administrative
employee of, any entity whose activities are in whole or substantial
part devoted to providing goods or services to any labor
organization, or
(5) in any capacity, other than in his capacity as a member of
such labor organization, that involves decisionmaking authority
concerning, or decisionmaking authority over, or custody of, or
control of the moneys, funds, assets, or property of any labor
organization,
during or for the period of thirteen years after such conviction or
after the end of such imprisonment, whichever is later, unless the
sentencing court on the motion of the person convicted sets a lesser
period of at least three years after such conviction or after the end of
such imprisonment, whichever is later, or unless prior to the end of
such period, in the case of a person so convicted or imprisoned, (A) his
citizenship rights, having been revoked as a result of such conviction,
have been fully restored, or (B) if the offense is a Federal offense,
the sentencing judge or, if the offense is a State or local offense, the
United States district court for the district in which the offense was
committed, pursuant to sentencing guidelines and policy statements under
section 994(a) of title 28, determines that such person's service in any
capacity referred to in clauses (1) through (5) would not be contrary to
the purposes of this chapter. Prior to making any such determination the
court shall hold a hearing and shall give notice of such proceeding by
certified mail to the Secretary of Labor and to State, county, and
Federal prosecuting officials in the jurisdiction or jurisdictions in
which such person was convicted. The court's determination in any such
proceeding shall be final. No person shall knowingly hire, retain,
employ, or otherwise place any other person to serve in any capacity in
violation of this subsection.
(b) Penalty for violations
Any person who willfully violates this section shall be fined not
more than $10,000 or imprisoned for not more than five years, or both.
(c) Definitions
For the purpose of this section--
(1) A person shall be deemed to have been ``convicted'' and
under the disability of ``conviction'' from the date of the judgment
of the trial court, regardless of whether that judgment remains
under appeal.
(2) A period of parole shall not be considered as part of a
period of imprisonment.
(d) Salary of person barred from labor organization office during appeal
of conviction
Whenever any person--
(1) by operation of this section, has been barred from office or
other position in a labor organization as a result of a conviction,
and
(2) has filed an appeal of that conviction,
any salary which would be otherwise due such person by virtue of such
office or position, shall be placed in escrow by the individual employer
or organization responsible for payment of such salary. Payment of such
salary into escrow shall continue for the duration of the appeal or for
the period of time during which such salary would be otherwise due,
whichever period is shorter. Upon the final reversal of such person's
conviction on appeal, the amounts in escrow shall be paid to such
person. Upon the final sustaining of such person's conviction on appeal,
the amounts in escrow shall be returned to the individual employer or
organization responsible for payments of those amounts. Upon final
reversal of such person's conviction, such person shall no longer be
barred by this statute \2\ from assuming any position from which such
person was previously barred.
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\2\ So in original. Probably should be ``section''.
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(Pub. L. 86-257, title V, Sec. 504, Sept. 14, 1959, 73 Stat. 536; Pub.
L. 98-473, title II, Secs. 229, 803, Oct. 12, 1984, 98 Stat. 2031, 2133;
Pub. L. 100-182, Sec. 15(a), Dec. 7, 1987, 101 Stat. 1269.)
Amendments
1987--Subsec. (a). Pub. L. 100-182, in concluding provisions,
substituted ``if the offense is a Federal offense, the sentencing judge
or, if the offense is a State or local offense, the United States
district court for the district in which the offense was committed,
pursuant to sentencing guidelines and policy statements under section
994(a) of title 28,'' for ``the United States Parole Commission'',
``court'' and ``court's'' for ``Commission'' and ``Commission's'',
respectively, and ``a hearing'' for ``an administrative hearing''.
1984--Subsec. (a). Pub. L. 98-473, Sec. 229, which directed
substitution of ``if the offense is a Federal offense, the sentencing
judge or, if the offense is a State or local offense, on motion of the
United States Department of Justice, the district court of the United
States for the district in which the offense was committed, pursuant to
sentencing guidelines and policy statements issued pursuant to section
994(a) of title 28,'' for ``the Board of Parole of the United States
Justice Department'', ``court'' and ``court's'' for ``Board'' and
``Board's'', respectively, and ``a'' for ``an administrative'', was
(except for the last substitution) incapable of execution in view of the
previous amendment by section 803(a) of Pub. L. 98-473 which became
effective prior to the effective date of the amendment by section 229.
See note below.
Pub. L. 98-473, Sec. 803(a), in amending provisions after ``or a
violation of subchapter III or IV of the chapter'' generally, inserted
provisions relating to abuse or misuse of employment in a labor
organization or employee benefit plan, substituted ``conspiracy to
commit any such crimes or attempt to commit any such crimes, or a crime
in which any of the foregoing crimes is an element'' for ``conspiracy to
commit any such crimes'', added par. (1), redesignated former par. (1)
as (2) and in par. (2) as so redesignated substituted ``employee, or
representative in any capacity of any labor organization'' for ``or
other employee (other than as an employee performing exclusively
clerical or custodial duties) of any labor organization, or'',
redesignated former par. (2) as (3) and in par. (3) as so redesignated
inserted ``or advisor'' after ``consultant'', struck out ``(other than
as an employee performing exclusively clerical or custodial duties)''
after ``employee'', and inserted ``or in a position having specific
collective bargaining authority or direct responsibility in the area of
labor-management relations in any corporation or association engaged in
an industry or activity affecting commerce, or'', added pars. (4) and
(5), struck out ``or for five years after the termination of his
membership in the Communist Party,'' substituted ``the period of
thirteen years'' for ``five years'', inserted ``whichever is later,
unless the sentencing court on the motion of the person convicted sets a
lesser period of at least three years after such conviction or after the
end of such imprisonment, whichever is later, or'', substituted in cl.
(B) ``United States Parole Commission'' for ``Board of Parole of the
United States Department of Justice'', and in the provisions following
cl. (B) substituted ``Commission'' and ``Commission's'' for ``Board''
and ``Board's'', respectively, inserted provision of notice to the
Secretary of Labor, and substituted ``No person shall knowingly hire,
retain, employ, or otherwise place any other person to serve in any
capacity in violation of this subsection'' for ``No labor organization
or officer thereof shall knowingly permit any person to assume or hold
any office or paid position in violation of this subsection''.
Subsec. (b). Pub. L. 98-473, Sec. 803(b), amended subsec. (b)
generally, substituting ``five years'' for ``one year''.
Subsec. (c). Pub. L. 98-473, Sec. 803(c), designated existing
provisions as par. (1), substituted provisions defining conviction as
from date of judgment of trial court, regardless of appeal, for former
provisions defining it as from date of judgment of trial court or date
of final sustaining of judgment on appeal, whichever is later,
regardless of whether such conviction occurred before or after Sept. 14,
1959, and added par. (2).
Subsec. (d). Pub. L. 98-473, Sec. 803(d), added subsec. (d).
Effective Date of 1987 Amendment
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182, set out
as a note under section 3006A of Title 18, Crimes and Criminal
Procedure.
Effective Date of 1984 Amendment
Amendment by section 229 of Pub. L. 98-473 effective Nov. 1, 1987,
and applicable only to offenses committed after the taking effect of
such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an
Effective Date note under section 3551 of Title 18, Crimes and Criminal
Procedure.
Section 804 of title II of Pub. L. 98-473 provided that:
``(a) The amendments made by section 802 [amending section 1111 of
this title] and section 803 [amending this section] of this title shall
take effect with respect to any judgment of conviction entered by the
trial court after the date of enactment of this title [Oct. 12, 1984],
except that that portion of such amendments relating to the commencement
of the period of disability shall apply to any judgment of conviction
entered prior to the date of enactment of this title if a right of
appeal or an appeal from such judgment is pending on the date of
enactment of this title.
``(b) Subject to subsection (a) the amendments made by sections 803
and 804 [probably should be sections 802 and 803] shall not affect any
disability under section 411 of the Employee Retirement Income Security
Act of 1974 [section 1111 of this title] or under section 504 of the
Labor-Management Reporting and Disclosure Act of 1959 [this section] in
effect on the date of enactment of this title [Oct. 12, 1984].''
Section Referred to in Other Sections
This section is referred to in section 481 of this title; title 31
section 6711.
