29 U.S.C. § 301 — Untitled legal text

Page 117 TITLE 29—LABOR §§ 301 to 309 1 See References in Text note below. 2 So in original. Probably should be ‘‘Walsh-Healey Act’’. (1) was not so subject by reason of the defini- tion of an ‘‘area of production’’, by a regula- tion of the Administrator of the Wage and Hour Division of the Department of Labor, which regulation was applicable at the time of performance of the activity even though at that time the regulation was invalid; or (2) would not have been so subject if the reg- ulation signed on December 18, 1946 (Federal Register, Vol. 11, p. 14648) had been in force on and after October 24, 1938. (May 14, 1947, ch. 52, § 12, 61 Stat. 89.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, re- ferred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, as amended, which is classified generally to chap- ter 8 (§ 201 et seq.) of this title. For complete classifica- tion of this Act to the Code, see section 201 of this title and Tables. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain ex- ceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Govern- ment Organization and Employees. § 262. Definitions (a) When the terms ‘‘employer’’, ‘‘employee’’, and ‘‘wage’’ are used in this chapter in relation to the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], they shall have the same meaning as when used in such Act of 1938. (b) When the term ‘‘employer’’ is used in this chapter in relation to the Walsh-Healey Act or Bacon-Davis Act 1 it shall mean the contractor or subcontractor covered by such Act. (c) When the term ‘‘employee’’ is used in this chapter in relation to the Walsh-Healey Act or the Bacon-Davis Act 1 it shall mean any indi- vidual employed by the contractor or subcon- tractor covered by such Act in the performance of his contract or subcontract. (d) The term ‘‘Wash-Healey Act’’ 2 means the Act entitled ‘‘An Act to provide conditions for the purchase of supplies and the making of con- tracts by the United States, and for other pur- poses’’, approved June 30, 1936 (49 Stat. 2036), as amended; 1 and the term ‘‘Bacon-Davis Act’’ means the Act entitled ‘‘An Act to amend the Act approved March 3, 1931, relating to the rate of wages for laborers and mechanics employed by contractors and subcontractors on public buildings’’, approved August 30, 1935 (49 Stat. 1011), as amended.1 (e) As used in section 255 of this title the term ‘‘State’’ means any State of the United States or the District of Columbia or any Territory or possession of the United States. (May 14, 1947, ch. 52, § 13, 61 Stat. 90.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act of 1938, as amended, re- ferred to in subsec. (a), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables. The Walsh-Healey Act and the Act entitled ‘‘An Act to provide conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes’’, approved June 30, 1936, referred to in subsecs. (b) to (d), are act June 30, 1936, ch. 881, 49 Stat. 2036, which was classified principally to sections 35 to 45 of former Title 41, Public Contracts, and was sub- stantially repealed and restated as chapter 65 (§ 6501 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1936 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. The ‘‘Bacon-Davis Act’’, as defined for purposes of this chapter in subsec. (d), is act Aug. 30, 1935, ch. 825, 49 Stat. 1011, which generally amended act Mar. 3, 1931, ch. 411, 46 Stat. 1494, popularly known as the ‘‘Davis- Bacon Act’’, and which was classified to sections 276a to 276a–6 of former Title 40, Public Buildings, Property, and Works. Sections 276a to 276a–6 of former Title 40 were repealed and reenacted as sections 3141–3144, 3146, and 3147 of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. CHAPTER 10—DISCLOSURE OF WELFARE AND PENSION PLANS §§ 301 to 309. Repealed. Pub. L. 93–406, title I, § 111(a)(1), Sept. 2, 1974, 88 Stat. 851 Section 301, Pub. L. 85–836, § 2, Aug. 28, 1958, 72 Stat. 997, set forth Congressional findings and policy with re- spect to welfare and pension plan disclosure. See sec- tion 1001 of this title. Section 302, Pub. L. 85–836, § 3, Aug. 28, 1958, 72 Stat. 997; Pub. L. 86–624, § 21(d), July 12, 1960, 74 Stat. 417; Pub. L. 87–420, §§ 2–5, Mar. 20, 1962, 76 Stat. 35, provided definitions for this chapter. See section 1002 of this title. Section 303, Pub. L. 85–836, § 4, Aug. 28, 1958, 72 Stat. 998; Pub. L. 87–420, § 6, Mar. 20, 1962, 76 Stat. 35, related to plans covered within chapter. See section 1003 of this title. Section 304, Pub. L. 85–836, § 5, Aug. 28, 1958, 72 Stat. 998; Pub. L. 87–420, § 7, Mar. 20, 1962, 76 Stat. 36, related to duties of administrator and definition of ‘‘adminis- trator’’. See sections 1002(16)(A) and 1021 of this title. Section 305, Pub. L. 85–836, § 6, Aug. 28, 1958, 72 Stat. 999; Pub. L. 87–420, § 8, Mar. 20, 1962, 76 Stat. 36, related to time for publication and contents of plan. See sec- tion 1022 of this title. Section 306, Pub. L. 85–836, § 7, Aug. 28, 1958, 72 Stat. 1000; Pub. L. 87–420, §§ 9–13, Mar. 20, 1962, 76 Stat. 36, 37, related to time for publication, contents, etc., of an- nual reports. See section 1023 of this title. Section 307, Pub. L. 85–836, § 8, Aug. 28, 1958, 72 Stat. 1002; Pub. L. 87–420, §§ 14, 18, Mar. 20, 1962, 76 Stat. 37, 43, related to publication of description of plan and annual report. See section 1024 of this title. Section 308, Pub. L. 85–836, § 9, Aug. 28, 1958, 72 Stat. 1002; Pub. L. 87–420, § 15, Mar. 20, 1962, 76 Stat. 37, re- lated to enforcement provisions. See section 1131 et seq. of this title. Section 308a, Pub. L. 85–836, § 10, as added Pub. L. 87–420, § 16(a), Mar. 20, 1962, 76 Stat. 38, related to re- ports as public information. See section 1026 of this title. Section 308b, Pub. L. 85–836, § 11, as added Pub. L. 87–420, § 16(a), Mar. 20, 1962, 76 Stat. 38, related to reten- tion of records. See section 1027 of this title. Page 118 TITLE 29—LABOR § 401 Section 308c, Pub. L. 85–836, § 12, as added Pub. L. 87–420, § 16(a), Mar. 20, 1962, 76 Stat. 38, related to reli- ance on administrative interpretations and forms. See section 1028 of this title. Section 308d, Pub. L. 85–836, § 13, as added Pub. L. 87–420, § 16(a), Mar. 20, 1962, 76 Stat. 39, related to bond- ing requirements. See section 1112 of this title. Section 308e, Pub. L. 85–836, § 14, as added Pub. L. 87–420, § 16(a), Mar. 20, 1962, 76 Stat. 40, related to estab- lishment, membership, duties, etc., of Advisory Council on Employee Welfare and Pension Benefit Plans. See section 1142 of this title. Section 308f, Pub. L. 85–836, § 15, as added Pub. L. 87–420, § 16(a), Mar. 20, 1962, 76 Stat. 41, related to ad- ministration of provisions of chapter. See section 1137 of this title. Section 309, Pub. L. 85–836, § 16, formerly § 10, Aug. 28, 1958, 72 Stat. 1002, renumbered and amended Pub. L. 87–420, § 16(a), (b), Mar. 20, 1962, 76 Stat. 38, 41, related to effect of other laws on provisions of this chapter. See section 1144 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1975, except that chapter to remain applicable to any conduct and events which oc- curred before Jan. 1, 1975, see section 1031 of this title. The Secretary of Labor was empowered, in the case of a plan which has a plan year which begins before Jan. 1, 1975, and ends after Dec. 31, 1974, to postpone by regu- lation the effective date of the repeal of any provision of this chapter until the beginning of the first plan year of such plan which begins after Jan. 1, 1975, pursu- ant to section 1031(b)(2) of this title. CHAPTER 11—LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE SUBCHAPTER I—GENERAL PROVISIONS Sec. 401. Congressional declaration of findings, pur- poses, and policy. 402. Definitions. SUBCHAPTER II—BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS 411. Bill of rights; constitution and bylaws of labor organizations. 412. Civil action for infringement of rights; juris- diction. 413. Retention of existing rights of members. 414. Right to copies of collective bargaining agreements. 415. Information to members of provisions of chapter. SUBCHAPTER III—REPORTING BY LABOR ORGA- NIZATIONS, OFFICERS AND EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS 431. Report of labor organizations. 432. Report of officers and employees of labor or- ganizations. 433. Report of employers. 434. Exemption of attorney-client communica- tions. 435. Reports and documents as public informa- tion. 436. Retention of records. 437. Time for making reports. 438. Rules and regulations; simplified reports. 439. Violations and penalties. 440. Civil action for enforcement by Secretary; ju- risdiction. 441. Surety company reports; contents; waiver or modification of requirements respecting contents of reports. SUBCHAPTER IV—TRUSTEESHIPS 461. Reports. Sec. 462. Purposes for establishment of trusteeship. 463. Unlawful acts relating to labor organization under trusteeship. 464. Civil action for enforcement. 465. Report to Congress. 466. Additional rights and remedies; exclusive ju- risdiction of district court; res judicata. SUBCHAPTER V—ELECTIONS 481. Terms of office and election procedures. 482. Enforcement. 483. Application of other laws; existing rights and remedies; exclusiveness of remedy for chal- lenging election. SUBCHAPTER VI—SAFEGUARDS FOR LABOR ORGANIZATIONS 501. Fiduciary responsibility of officers of labor organizations. 502. Bonding of officers and employees of labor or- ganizations; amount, form, and placement of bonds; penalty for violation. 503. Financial transactions between labor organi- zation and officers and employees. 504. Prohibition against certain persons holding office. SUBCHAPTER VII—MISCELLANEOUS PROVISIONS 521. Investigations by Secretary; applicability of other laws. 522. Extortionate picketing; penalty for violation. 523. Retention of rights under other Federal and State laws. 524. Effect on State laws. 524a. Elimination of racketeering activities threat; State legislation governing collective bar- gaining representative. 525. Service of process. 526. Applicability of administrative procedure provisions. 527. Cooperation with other agencies and depart- ments. 528. Criminal contempt. 529. Prohibition on certain discipline by labor or- ganization. 530. Deprivation of rights by violence; penalty. 531. Separability. SUBCHAPTER I—GENERAL PROVISIONS § 401. Congressional declaration of findings, pur- poses, and policy (a) Standards for labor-management relations The Congress finds that, in the public interest, it continues to be the responsibility of the Fed- eral Government to protect employees’ rights to organize, choose their own representatives, bar- gain collectively, and otherwise engage in con- certed activities for their mutual aid or protec- tion; that the relations between employers and labor organizations and the millions of workers they represent have a substantial impact on the commerce of the Nation; and that in order to ac- complish the objective of a free flow of com- merce it is essential that labor organizations, employers, and their officials adhere to the highest standards of responsibility and ethical conduct in administering the affairs of their or- ganizations, particularly as they affect labor- management relations. (b) Protection of rights of employees and the public The Congress further finds, from recent inves- tigations in the labor and management fields,