29 U.S.C. § 435 — Reports and documents as public informa-

Page 125 TITLE 29—LABOR § 437 ing contained in this section shall be construed to require any other person to file a report under subsection (b) 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 con- strued to require any regular officer, supervisor, or employee of an employer to file a report in connection with services rendered to such em- ployer nor shall any employer be required to file a report covering expenditures made to any reg- ular officer, supervisor, or employee of an em- ployer as compensation for service as a regular officer, supervisor, or employee of such em- ployer. (f) Rights protected by section 158(c) of this title Nothing contained in this section shall be con- strued 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, re- straint, 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, § 203, Sept. 14, 1959, 73 Stat. 526.) § 434. Exemption of attorney-client communica- tions Nothing contained in this chapter shall be construed to require an attorney who is a mem- ber in good standing of the bar of any State, to include in any report required to be filed pursu- ant to the provisions of this chapter any infor- mation which was lawfully communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship. (Pub. L. 86–257, title II, § 204, Sept. 14, 1959, 73 Stat. 528.) § 435. Reports and documents as public informa- tion (a) Publication; statistical and research purposes The contents of the reports and documents filed with the Secretary pursuant to sections 431, 432, 433, and 441 of this title shall be public information, and the Secretary may publish any information and data which he obtains pursuant to the provisions of this subchapter. The Sec- retary may use the information and data for sta- tistical and research purposes, and compile and publish such studies, analyses, reports, and sur- veys based thereon as he may deem appropriate. (b) Inspection and examination of information and data The Secretary shall by regulation make rea- sonable provision for the inspection and exam- ination, on the request of any person, of the in- formation and data contained in any report or other document filed with him pursuant to sec- tion 431, 432, 433, or 441 of this title. (c) Copies of reports or documents; availability to State agencies The Secretary shall by regulation provide for the furnishing by the Department of Labor of copies of reports or other documents filed with the Secretary pursuant to this subchapter, upon payment of a charge based upon the cost of the service. The Secretary shall make available without payment of a charge, or require any per- son to furnish, to such State agency as is des- ignated by law or by the Governor of the State in which such person has his principal place of business or headquarters, upon request of the Governor of such State, copies of any reports and documents filed by such person with the Secretary pursuant to section 431, 432, 433, or 441 of this title, or of information and data con- tained therein. No person shall be required by reason of any law of any State to furnish to any officer or agency of such State any information included in a report filed by such person with the Secretary pursuant to the provisions of this subchapter, if a copy of such report, or of the portion thereof containing such information, is furnished to such officer or agency. All moneys received in payment of such charges fixed by the Secretary pursuant to this subsection shall be deposited in the general fund of the Treasury. (Pub. L. 86–257, title II, § 205, Sept. 14, 1959, 73 Stat. 528; Pub. L. 89–216, § 2(a)–(c), Sept. 29, 1965, 79 Stat. 888.) Editorial Notes AMENDMENTS 1965—Pub. L. 89–216 inserted references to section 441 of this title. § 436. Retention of records Every person required to file any report under this subchapter shall maintain records on the matters required to be reported which will pro- vide in sufficient detail the necessary basic in- formation and data from which the documents filed with the Secretary may be verified, ex- plained, or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for exam- ination for a period of not less than five years after the filing of the documents based on the information which they contain. (Pub. L. 86–257, title II, § 206, Sept. 14, 1959, 73 Stat. 529.) § 437. Time for making reports (a) Each labor organization shall file the ini- tial report required under section 431(a) of this title within ninety days after the date on which it first becomes subject to this chapter. (b) Each person required to file a report under section 431(b), 432, 433(a), the second sentence of 433(b), or section 441 of this title shall file such report within ninety days after the end of each of its fiscal years; except that where such person is subject to section 431(b), 432, 433(a), the second sentence of 433(b), or section 441 of this title, as the case may be, for only a portion of such a fis- cal year (because September 14, 1959, occurs dur-