29 U.S.C. § 401 — Congressional declaration of findings, pur-

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, Page 119 TITLE 29—LABOR § 402 that there have been a number of instances of breach of trust, corruption, disregard of the rights of individual employees, and other fail- ures to observe high standards of responsibility and ethical conduct which require further and supplementary legislation that will afford nec- essary protection of the rights and interests of employees and the public generally as they re- late to the activities of labor organizations, em- ployers, labor relations consultants, and their officers and representatives. (c) Necessity to eliminate or prevent improper practices The Congress, therefore, further finds and de- clares that the enactment of this chapter is nec- essary to eliminate or prevent improper prac- tices on the part of labor organizations, employ- ers, labor relations consultants, and their offi- cers and representatives which distort and de- feat the policies of the Labor Management Rela- tions Act, 1947, as amended [29 U.S.C. 141 et seq.], and the Railway Labor Act, as amended [45 U.S.C. 151 et seq.], and have the tendency or nec- essary effect of burdening or obstructing com- merce by (1) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (2) occurring in the current of commerce; (3) ma- terially affecting, restraining, or controlling the flow of raw materials or manufactured or proc- essed goods into or from the channels of com- merce, or the prices of such materials or goods in commerce; or (4) causing diminution of em- ployment and wages in such volume as substan- tially to impair or disrupt the market for goods flowing into or from the channels of commerce. (Pub. L. 86–257, § 2, Sept. 14, 1959, 73 Stat. 519.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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 below and Tables. The Labor Management Relations Act, 1947, referred to in subsec. (c), is act June 23, 1947, ch. 120, 61 Stat. 136, which is classified principally to chapter 7 (§ 141 et seq.) of this title. For complete classification of this Act to the Code, see section 141 of this title and Tables. The Railway Labor Act, referred to in subsec. (c), 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. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 86–257, § 1, Sept. 14, 1959, 73 Stat. 519, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 153, 158, 159, 160, 164, 186, and 187 of this title, and enacting provisions set out as notes under sections 153, 158, and 481 of this title] may be cited as the ‘Labor- Management Reporting and Disclosure Act of 1959’.’’ § 402. Definitions For the purposes of this chapter— (a) ‘‘Commerce’’ means trade, traffic, com- merce, transportation, transmission, or commu- nication among the several States or between any State and any place outside thereof. (b) ‘‘State’’ includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Conti- nental Shelf lands defined in the Outer Conti- nental Shelf Lands Act [43 U.S.C. 1331 et seq.]. (c) ‘‘Industry affecting commerce’’ means any activity, business, or industry in commerce or in which a labor dispute would hinder or ob- struct commerce or the free flow of commerce and includes any activity or industry ‘‘affecting commerce’’ within the meaning of the Labor Management Relations Act, 1947, as amended [29 U.S.C. 141 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.]. (d) ‘‘Person’’ includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, mutual com- panies, joint-stock companies, trusts, unincor- porated organizations, trustees, trustees in cases under title 11, or receivers. (e) ‘‘Employer’’ means any employer or any group or association of employers engaged in an industry affecting commerce (1) which is, with respect to employees engaged in an industry af- fecting commerce, an employer within the meaning of any law of the United States relat- ing to the employment of any employees or (2) which may deal with any labor organization concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and includes any person acting directly or indirectly as an employer or as an agent of an employer in relation to an employee but does not include the United States or any corpora- tion wholly owned by the Government of the United States or any State or political subdivi- sion thereof. (f) ‘‘Employee’’ means any individual em- ployed by an employer, and includes any indi- vidual whose work has ceased as a consequence of, or in connection with, any current labor dis- pute or because of any unfair labor practice or because of exclusion or expulsion from a labor organization in any manner or for any reason in- consistent with the requirements of this chap- ter. (g) ‘‘Labor dispute’’ includes any controversy concerning terms, tenure, or conditions of em- ployment, or concerning the association or rep- resentation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proxi- mate relation of employer and employee. (h) ‘‘Trusteeship’’ means any receivership, trusteeship, or other method of supervision or control whereby a labor organization suspends the autonomy otherwise available to a subordi- nate body under its constitution or bylaws. (i) ‘‘Labor organization’’ means a labor organi- zation engaged in an industry affecting com- merce and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so en- gaged in which employees participate and which exists for the purpose, in whole or in part, of