29 U.S.C. § 521 — Investigations by Secretary; applicability

Page 133 TITLE 29—LABOR § 521 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, § 229, which directed substitution of ‘‘if the offense is a Federal offense, the sentencing judge or, if the offense is a State or local of- fense, 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’’, re- spectively, and ‘‘a’’ for ‘‘an administrative’’, was (ex- cept 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 effec- tive date of the amendment by section 229. See note below. Pub. L. 98–473, § 803(a), in amending provisions after ‘‘or a violation of subchapter III or IV of this chapter’’ generally, inserted provisions relating to abuse or mis- use 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 ele- ment’’ 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 organiza- tion’’ for ‘‘or other employee (other than as an em- ployee performing exclusively clerical or custodial du- ties) 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 in- serted ‘‘or in a position having specific collective bar- gaining authority or direct responsibility in the area of labor-management relations in any corporation or as- sociation 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 im- prisonment, 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 vio- lation 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, § 803(b), amended subsec. (b) generally, substituting ‘‘five years’’ for ‘‘one year’’. Subsec. (c). Pub. L. 98–473, § 803(c), designated existing provisions as par. (1), substituted provisions defining conviction as from date of judgment of trial court, re- gardless 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, § 803(d), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–182 applicable with re- spect to offenses committed after Dec. 7, 1987, see sec- tion 26 of Pub. L. 100–182, set out as a note under sec- tion 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. Pub. L. 98–473, title II, § 804, Oct. 12, 1984, 98 Stat. 2134, 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].’’ SUBCHAPTER VII—MISCELLANEOUS PROVISIONS § 521. Investigations by Secretary; applicability of other laws (a) The Secretary shall have power when he believes it necessary in order to determine whether any person has violated or is about to violate any provision of this chapter (except subchapter II of this chapter) to make an inves- tigation and in connection therewith he may enter such places and inspect such records and accounts and question such persons as he may deem necessary to enable him to determine the facts relative thereto. The Secretary may report to interested persons or officials concerning the facts required to be shown in any report re- quired by this chapter and concerning the rea- sons for failure or refusal to file such a report or any other matter which he deems to be appro- priate as a result of such an investigation. (b) For the purpose of any investigation pro- vided for in this chapter, the provisions of sec- tions 49 and 50 of title 15 (relating to the attend- ance of witnesses and the production of books, papers, and documents), are made applicable to the jurisdiction, powers, and duties of the Sec- retary or any officers designated by him. (Pub. L. 86–257, title VI, § 601, Sept. 14, 1959, 73 Stat. 539.) Editorial Notes REFERENCES IN TEXT The phrase ‘‘this chapter (except subchapter II of this chapter)’’, referred to in subsec. (a), was in the original ‘‘this Act (except title I or amendments made by this Act to other statutes)’’. ‘‘This chapter’’, referred to later in subsec. (a) and also in subsec. (b), was in the original ‘‘this Act’’. ‘‘This Act’’ is Pub. L. 86–257, Sept. 14, 1959, 73 Stat. 519, as amended, known as the Labor- Management Reporting and Disclosure Act of 1959, which enacted this chapter, amended sections 153, 158, Page 134 TITLE 29—LABOR § 522 159, 160, 164, 186, and 187 of this title, and enacted provi- sions set out as notes under sections 153, 158, and 481 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables. § 522. Extortionate picketing; penalty for viola- tion (a) It shall be unlawful to carry on picketing on or about the premises of any employer for the purpose of, or as part of any conspiracy or in furtherance of any plan or purpose for, the per- sonal profit or enrichment of any individual (ex- cept a bona fide increase in wages or other em- ployee benefits) by taking or obtaining any money or other thing of value from such em- ployer against his will or with his consent. (b) Any person who willfully violates this sec- tion shall be fined not more than $10,000 or im- prisoned not more than twenty years, or both. (Pub. L. 86–257, title VI, § 602, Sept. 14, 1959, 73 Stat. 539.) § 523. Retention of rights under other Federal and State laws (a) Except as explicitly provided to the con- trary, nothing in this chapter shall reduce or limit the responsibilities of any labor organiza- tion or any officer, agent, shop steward, or other representative of a labor organization, or of any trust in which a labor organization is interested, under any other Federal law or under the laws of any State, and, except as explicitly provided to the contrary, nothing in this chapter shall take away any right or bar any remedy to which members of a labor organization are entitled under such other Federal law or law of any State. (b) Nothing contained in this chapter and sec- tion 186(a)–(c) of this title shall be construed to supersede or impair or otherwise affect the pro- visions of the Railway Labor Act, as amended [45 U.S.C. 151 et seq.], or any of the obligations, rights, benefits, privileges, or immunities of any carrier, employee, organization, representative, or person subject thereto; nor shall anything contained in this chapter be construed to confer any rights, privileges, immunities, or defenses upon employers, or to impair or otherwise affect the rights of any person under the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.]. (Pub. L. 86–257, title VI, § 603, Sept. 14, 1959, 73 Stat. 540.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 86–257, Sept. 14, 1959, 73 Stat. 519, known as the Labor-Management Re- porting and Disclosure Act of 1959, which enacted this chapter, amended sections 153, 158, 159, 160, 164, 186, and 187 of this title, and enacted provisions set out as notes under sections 153, 158, and 481 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Ta- bles. The phrase ‘‘this chapter and section 186(a)–(c) of this title’’, referred to in subsec. (b), was in original ‘‘titles I, II, III, IV, V, or VI of this Act’’. The phrase ‘‘this chapter’’ later appearing in subsec. (b), was in original ‘‘said titles (except section 505) of this Act’’. Original text reference, in both instances, includes those sec- tions of the Act which are classified principally to this chapter. For complete classification of such titles to the Code, see Tables. The Railway Labor Act, referred to in subsec. (b), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Rail- roads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables. The National Labor Relations Act, referred to in sub- sec. (b), is act July 5, 1935, ch. 372, 49 Stat. 452, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables. § 524. Effect on State laws Nothing in this chapter shall be construed to impair or diminish the authority of any State to enact and enforce general criminal laws with re- spect to robbery, bribery, extortion, embezzle- ment, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with in- tent to kill, or assault which inflicts grievous bodily injury, or conspiracy to commit any of such crimes. (Pub. L. 86–257, title VI, § 604, Sept. 14, 1959, 73 Stat. 540.) § 524a. Elimination of racketeering activities threat; State legislation governing collective bargaining representative Notwithstanding this or any other Act regu- lating labor-management relations, each State shall have the authority to enact and enforce, as part of a comprehensive statutory system to eliminate the threat of pervasive racketeering activity in an industry that is, or over time has been, affected by such activity, a provision of law that applies equally to employers, employ- ees, and collective bargaining representatives, which provision of law governs service in any position in a local labor organization which acts or seeks to act in that State as a collective bar- gaining representative pursuant to the National Labor Relations Act [29 U.S.C. 151 et seq.], in the industry that is subject to that program. (Pub. L. 98–473, title II, § 2201, Oct. 12, 1984, 98 Stat. 2192.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, probably means title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 1976, known as the Comprehensive Crime Control Act of 1984. For com- plete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. The National Labor Relations Act, referred to in text, is act July 5, 1935, ch. 372, 49 Stat. 449, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables. CODIFICATION Section was not enacted as part of the Labor-Manage- ment Reporting and Disclosure Act of 1959, which com- prises this chapter.