porting reasons therefor, which shall become a part of the record.

§ 417.13 Initial decision of Hearing Examiner.

Within 25 days following the period for submitting proposed findings and conclusions, the Hearing Examiner shall consider the whole record, file an initial decision as to the adequacy of the constitution and bylaws for the purpose of removing officers with the Administrator, and forward a copy to each party participating in the hearing. His decision shall become a part of the record and shall include a statement of his findings and conclusions, as well as the reasons or basis therefor, upon all material issues.

$ 417.14 Form and time for filing of appeal with Administrator.

(a) An interested person may appeal from the Hearing Examiner's initial decision by filing written exceptions with the Administrator within 15 days of the issuance of the Hearing Examiner's initial decision (or such additional time as the Administrator may allow), together with supporting reasons for such exceptions. Blanket appeals shall not be received. Impertinent or scandalous matter may be stricken by the Administrator, or an appeal containing such matter or lacking in specification of exceptions may be dismissed.

(b) In the absence of either an appeal to the Administrator or review of the Hearing Examiner's initial decision by the Administrator on his own motion, such initial decision shall become the decision of the Administrator.

$ 417.15 Decision of Administrator.

Upon appeal filed with the Administrator pursuant to § 417.14, or within his discretion upon his own motion, the complete record of the proceedings shall be certified to him; he shall notify all interested persons who participated in the proceedings; and he shall review the record, the exceptions filed and supporting reasons, and shall issue a decision as to the adequacy of the constitution and bylaws for the purpose of removing officers, or shall order such further proceedings as he deems appropriate. His decision shall become a part of the record and shall include a statement of his findings and conclusions, as well as the reasons or basis therefor, upon all material issues.

Subpart B-Procedures (1) Upon Failure of Union To Act Following Subpart A Procedures or (2) Upon Complaint of Violation of Constitution and Bylaws Pertaining To Removal of Officers of Local Labor Organizations

§ 417.16 Initiation of proceedings.

Any member of a local labor organization may file a complaint with the Office of Labor-Management and WelfarePension Reports alleging that: (a) (1) An elected officer of such labor organization has been guilty of serious misconduct; and (2) the constitution and bylaws of the labor organization pertaining to the removal of officers have been violated, or (b) following a finding by the Administrator, that such removal provisions are inadequate, or a stipulation of compliance with the provisions of section 401 (h) of the Act reached with the Director in connection with a prior charge of the inadequacy of a union's constitution and bylaws to remove officers, as provided in Subpart A of this part, the labor organization (1) has failed to act within a reasonable time, or (2) has violated the procedures agreed to with the Director, or (3) has violated the principles governing adequate removal procedures under § 417.2(e). The complaint must be filed pursuant to section 402(a) of the Act within one calendar month after one of the two following conditions has been met: (1) The member has exhausted the remedies available to him under the constitution and bylaws of the organization, or (2) the member has invoked such remedies without obtaining a final decision within three calendar months after invoking them.

§ 417.17 Investigation of complaint and court action.

The Office of Labor-Management and Welfare-Pension Reports shall investigate such complaint, and if upon such investigation the Secretary finds probable cause to believe that a violation of Title IV of the Act has occurred and has not been remedied, the Secretary shall within 60 days after the filing of such complaint, bring a civil action against the labor organization in the district

court of the United States for the district in which such labor organization maintains its principal office, to direct the conduct of a hearing and vote upon the removal of officer (s) under the supervision of the Administrator as provided in section 402(b) of the Act.

§ 417.18

Hearings-removal of officers

of local labor organizations. Hearings pursuant to order of the court and concerning the removal of officers under section 402(b) of the Act shall be for the purpose of introducing testimony and evidence showing why an officer or officers accused of serious misconduct should or should not be removed. Hearings shall be conducted by the officers of the labor organization (subject to 417.19 of this part) in accordance with the constitution and bylaws of the labor organization insofar as they are not inconsistent with Title IV of the Act, or with the provisions of this Part 417: Provided, however, That no officer (s) accused of serious misconduct shall participate in such hearings in any capacity except as witness or counsel.

§ 417.19 Administrator's representative.

The Administrator shall appoint a representative or representatives whose functions shall be to supervise the hearing and vote. Such representative(s) shall have final authority to issue such rulings as shall be appropriate or necessary to insure a full and fair hearing and vote. Upon his own motion or upon consideration of the petition of any interested person the Administrator's Representative may disqualify any officer(s) or member(s) of the union from participation in the conduct of the hearing (except in the capacity of witness or counsel).

§ 417.20 Notice of hearing.

Notice of hearing, not less than 10 days in advance of the date set for such hearing, shall be transmitted to the officer or officers accused of serious misconduct and other interested persons, insofar as they are known, and shall inform them of (a) the time, place, and nature of the hearing; (b) the legal authority and jurisdiction under which the hearing is to be held; (c) the matters of fact and law asserted; and (d) their rights to challenge the appointment of certain of, or all of, the officers of the union to con

It shall be within the discretion of the Administrator to require the hearings to be stenographically reported. In the event he does so require, a transcript shall be made available to interested persons upon request addressed to the Labor-Management Services Administrator, United States Department of Labor, Fourteenth Street and Constitution Avenue, Northwest, Washington 25, D.C. Transcript rates shall be fixed by the Administrator.

§ 417.22 Vote among members of the labor organization.

Within a reasonable time after completion of the hearing, and after proper notice thereof, a secret ballot vote shall be conducted among the members of the labor organization in good standing on the issue of whether the accused officer or officers shall be removed from office. The vote shall be in accordance with the constitution and bylaws of the labor organization insofar as they are not inconsistent with the provisions of the Act or this Part 417. The presiding officer or officers at the taking of such vote shall entertain objections or suggestions as to the rules for conducting the vote, eligibility of voters, and such other matters as may be pertinent; and shall rule on such questions, shall establish procedures for the conduct of the vote, and for tabulation of the ballots; and shall appoint observers and compile a list of eligible voters. All rulings of the presiding officer or officers shall be subject to the provisions of § 417.19.

§ 417.23 Report to Administrator.

Following completion of the hearing and vote, the Administrator's Representative shall file a report with the Administrator setting out the results of the balloting; and pertinent details of the hearing and vote. Notice thereof shall be given to the membership of such labor organization promptly and copies shall be furnished to all interested parties.

§ 417.24 Appeal to Administrator.

(a) Within 15 days after mailing of the report of the Administrator's Representative, any interested party may appeal the conduct of the hearing and vote or both by filing written exceptions with the Administrator. Blanket appeals shall not be received. Impertinent or scandalous matter may be stricken by the Administrator, or an appeal containing such matter or lacking in specifications may be dismissed.

(b) Upon review of the whole record, the Administrator shall issue a decision or may order further hearing, a new vote, or such further proceedings as he deems appropriate.

8 417.25 Certification of results of vote.

Upon receipt of the report of the Administrator's Representative on the hearing and vote on removal, the Administrator shall certify the results of the vote to the court as required by section 402 (c) of the Act.

dustry affecting commerce" for purposes of the Act.'

(b) The Act imposes on labor organizations various obligations and prohibitions relating generally, among other things, to the reporting of information and election and removal of officers. Requirements are also imposed on the offcers, representatives, and employees of labor organizations. In addition, certain rights are guaranteed the members thereof. It thus becomes a matter of importance to determine what organizations are included within the applicability of the Act.

(c) The provisions of the Act, other than Title I and amendments to other statutes contained in section 505 and Title VII, are subject to the general investigatory authority of the Director, Office of Labor-Management and Welfare-Pension Reports, embodied in section 601, which empowers him to investigate whenever he believes it necessary in order to determine whether any person has violated or is about to violate such provisions. The correctness of an interpretation of these provisions can be determined finally and authoritatively only by the courts. It is necessary, however, for the Labor-Management Services Administrator to reach informed conclusions as to the meaning of the law to enable him to carry out his statutory duties of administration and enforcement. The interpretations of the Labor-Management Services Administrator contained in this part, which are issued upon the advice of the Solicitor of Labor, indicate the construction of the law which will guide him in perform

'It should be noted that the definition of the term "labor organization," as well as other terms, in section 3 are for purposes of those portions of the Act included in Titles I, II, III, IV, V (except section 505) and VI. They do not apply to Title VII, which contains amendments of the National Labor Relations Act, as amended, nor to section 505 of Title V, which amends Section 302 (a). (b), and (c) of the Labor Management Relations Act, 1947, as amended. The terms used in Title VII and Section 505 of Title V have the same meaning as they have under the National Labor Relations Act, ་ amended, and the Labor Management Relations Act, 1947, as amended.

Sec. 601, 73 Stat. 539, 29 U.S.C. 521.

ing his duties unless and until he is directed otherwise by authoritative rulings of the courts or unless and until he subsequently decides that a prior interpretation is incorrect. However, the omission to discuss a particular problem in this part, or in interpretations supplementing it, should not be taken to indicate the adoption of any position by the Labor-Management Services Administrator with respect to such problem or to constitute an administrative interpretation or practice. Interpretations of the Labor-Management Services Administrator with respect to the meaning of the terms "labor organization" and "labor organization • ⚫ in an industry affecting commerce," as used in the Act, are set forth in this part to provide those affected by the provisions of the Act with "a practical guide * how the office representing the public interest in its enforcement will seek to apply it."

as to

A "labor organization" under the Act must qualify under section 3(i). It must also be engaged in an industry affecting commerce. In accordance with the broad language used and the manifest congressional intent, the language will be construed broadly to include all labor organizations of any kind other than those clearly shown to be outside the scope of the Act.

§ 451.3 Requirements of section 3 (i).

(a) Organizations which deal with employers. (1) The term "labor organization" includes "any organization of any kind, any agency, or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with

• Skidmore v. Swift & Co., 323 U.S. 134, 138.

employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, The quoted language is deemed sufficiently broad to encompass any labor organization irrespective of size or formal attributes. While it is necessary for employees to participate therein, such participating employees need not necessarily be the employees of the employer with whom the organization deals. In determining who are "employees" for purposes of this provision, resort must be had to the broad definition of "employee" contained in section 3 (f) of the Act. It will be noted that the term includes employees whose work has ceased for certain specified reasons, including any current labor dispute.

(2) To come within the quoted language in section 3(1) the organization must exist for the purpose, in whole or in part, of dealing with employers concerning grievances, etc. In determining whether a given organization exists wholly or partially for such purpose, consideration will be given not only to formal documents, such as its constitution or bylaws, but the actual functions and practices of the organization as well. Thus, employee committees which regularly meet with management to discuss problems of mutual interest and handle grievances are "labor organizations", even though they have no formal organizational structure."

(3) Since the types of labor organizations described in subparagraph (2) of this paragraph are those which deal with employers, it is necessary to consider the definition of "employer" contained in section 3(e) of the Act in determining the scope of the language

Sec. 3(1) reads: "Employee' means any individual employed by an employer, and includes any individual whose work has ceased as a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice or because of exclusion or expulsion from a labor organization in any manner or for any reason inconsistent with the requirements of this Act."

National Labor Relations Board v. Cabot Carbon Co., 360 U.S. 203.

under consideration." The term “employer" is broadly defined to include "any employer or any group or association of employers engaged in an industry affecting commerce" which is "an employer within the meaning of any law of the United States relating to the employment of any employees Such laws would include, among others, the Railway Labor Act, as amended, the Fair Labor Standards Act, as amended, the Labor Management Relations Act, as amended, and the Internal Revenue Code. The fact that employers may be excluded from the application of any of the foregoing acts would not preclude their qualification as employers for purposes of this Act. For example, employers of agricultural labor who are excluded from the application of the Labor Management Relations Act, as amended, would appear to be employers within the meaning of this Act.

(4) In defining "employer," section 3(e) expressly excludes the "United States or any corporation wholly owned by the Government of the United States or any State or political subdivision thereof." The term "political subdivision" includes, among others, counties and municipal governments. A labor organization composed entirely of employees of the governmental entities excluded by section 3(e) would not be a labor organization for the purposes of the Act. However, in the case of a national or international labor organization composed both of government locals and non-government or mixed locals, the parent organization as well as its mixed and non-government locals would be "labor organizations" and subject to the

7 Sec. 3(e) reads: '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 affecting commerce, an employer within the meaning of any law of the United States relating 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 corporation wholly owned by the Government of the United States or any State or political subdivision thereof."

Act. In such case, the locals which are composed entirely of government employees would not be subject to the Act, although elections in which they participate for national officers or delegates would be so subject."

(b) Organizations which may or may not deal with employers. Regardless of whether it deals with employers concerning terms and conditions of employment and regardless of whether it is composed of employees, any conference, general committee, joint or system board, or joint council engaged in an industry affecting commerce and which is subordinate to a national or international labor organization is a "labor organization" for purposes of the Act. Included are the area conferences and the joint councils of the International Brotherhood of Teamsters and similar units of other national and international labor organizations.

§ 451.4 Labor organizations under section 3 (j).

(a) General. Section 3(j) sets forth five categories of labor organizations which "shall be deemed to be engaged in an industry affecting commerce" within the meaning of the Act. Any organization which qualifies under section 3 (i) and falls within any one of these categories listed in section 3(j) is subject to the requirements of the Act.

(b) Certified employee representatives. This category includes all organizations certified as employee representatives under the Railway Labor Act, as amended, or under the National Labor Relations Act, as amended.

(c) Labor organizations recognized or acting as employee representatives though not certified. This category includes local, national, or international labor organizations which, though not formally certified, are recognized or acting as the representatives of employees of an employer engaged in an industry affecting commerce. Federations, such as the American Federation of Labor and Congress of Industrial Organizations, are included in this category,' although expressly excepted from the election provisions of the Act.1o

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