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pulsion from a labor organization in any manner or for any reason inconsistent with the requirements of this Act.

8 401.7 Labor dispute.

“Labor dispute" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. § 401.8 Trusteeship.

“Trusteeship” means any receivership, trusteeship, or other method of supervision or control whereby a labor organization suspends the autonomy otherwise available to a subordinate body under its constitution or bylaws.

of employees of an employer or employers engaged in an industry affecting commerce; or

(c) Has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (a) or (b) of this section; or

(d) Has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (a) or (b) of this section as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

(e) Is a conference, general committee, joint or system board, or joint council, subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this section, other than a State or local central body.

8 401.9 Labor organization.

“Labor organization” means a labor organization engaged in an industry affecting commerce and

cludes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization, other than a State or local central body.

8 401.11 Secret ballot.

“Secret ballot” means the expression by ballot, voting machine, or otherwise, but in no event by proxy, of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the choice expressed.

8 401.10 Labor organization engaged in an

industry affecting commerce. A labor organization shall be deemed to be engaged in an industry affecting commerce if it:

(a) Is the certified representative of employees under the provisions of the National Labor Relations Act, amended, or the Railway Labor Act, as amended; or

(b) Although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative

8 401.12 Trust in which a labor organiza

tion is interested. “Trust in which a labor organization is interested” means a trust or other fund or organization (a) which was created or established by a labor organization, or one or more of the trustees or one or more members of the governing body of which is selected or appointed by a labor organization, and (b) a primary purpose of which is to provide benefits for the members of such labor organization or their beneficiaries.

as

8 401.13 Labor relations consultant.

“Labor relations consultant” means any person who, for compensation, advises or represents an employer, employer organization, or labor organization concerning employee organizing, concerted activities, or collective bar. gaining activities.

8 401.14 Officer.

“Officer" means any constitutional officer, any person authorized to perform the functions of president, vice president, secretary, treasurer, or other executive functions of a labor organization, and any member of its executive board or similar governing body.

Sec. 402.2 Labor organization initial informa

tion report. 402.3 Filing of initial reports. 402.4 Subsequent reports. 402.5 Terminal reports. 402.6 Receipt of reports and documents. 402.7 Effect of acknowledgment and filing

by the Office of Labor-Management

Standards. 402.8 Personal responsibility of signatories

of reports. 402.9 Maintenance and retention of

records. 402.10 Dissemination and verification of

reports. 402.11 Attorney-client communications ex

empted. 402.12 Publication of reports required by

this part. AUTHORITY: Secs. 201, 208, 73 Stat. 524, 529; 29 U.S.C. 431, 438; Secretary's Order No. 3-84 (49 FR 20578).

SOURCE: 28 FR 14381, Dec. 27, 1963, unless otherwise noted.

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8 402.1 Labor organization constitution

and bylaws. Every labor organization shall adopt a constitution and bylaws consistent with the provisions of the Act applicable thereto, within 90 days after the date the labor organization first becomes subject to the Act. This shall not, however, require the formal readoption by a labor organization of such a constitution and bylaws which it has previously adopted and under which it is operating when the report prescribed by $ 402.2 is filed. As used in this part “constitution and bylaws" means the basic written rules governing the organization. [28 FR 14381, Dec. 27, 1963, as amended at 40 FR 58856, Dec. 19, 1975)

8 401.17 Act.

"Act” means the Labor-Management Reporting and Disclosure Act of 1959.

8 401.18 Office.

Office" means the Office of LaborManagement Standards, United States Department of Labor.

8 401.19 Assistant Secretary.

“Assistant Secretary” means the Assistant Secretary of Labor for LaborManagement Standards, head of the Office of Labor-Management Standards.

402.2 Labor organization initial infor

mation report. Every labor organization shall file a report signed by its president and secretary or corresponding principal officers containing the information required to be filed by section 201(a) of the Act, and found necessary to be reported under section 208 thereof by the Assistant Secretary, on United States Department of Labor Form LM-11 entitled, “Labor Organization

(50 FR 31309, Aug. 1, 1985)

PART 402–LABOR ORGANIZATION

INFORMATION REPORTS

Sec. 402.1 Labor organization constitution and

bylaws.

1 Filed as part of the original document.

shown in such report and copies shall be filed as provided in paragraph (a) of this section.

Information Report”. There shall be attached to such report and made a part thereof a copy of the constitution and bylaws adopted by the reporting labor organization. [28 FR 14381, Dec. 27, 1963, as amended at 50 FR 31309, Aug. 1, 1985)

[28 FR 14381, Dec. 27, 1963, as amended at 35 FR 2990, Feb. 13, 1970; 40 FR 58856, Dec. 19, 1975; 50 FR 31309, Aug. 1, 1985)

8 402.3 Filing of initial reports.

(a) Every labor organization shall file with the Office of Labor-Management Standards the report and (subject to the provisions of paragraph (b) of this section, where applicable) a copy of its constitution and bylaws required by section 201(a) of the Act and $ 402.2, together with one additional copy of each, within 90 days after the date on which it first becomes subject to the Act.

(b) A labor organization subject to paragraph (a) of this section may adopt or may have adopted as its constitution and bylaws (whether by formal action or by virtue of affiliation with a parent organization) a constitution and bylaws of a national or international labor organization which the national or international organization is required to file under section 201(a) of the Act and this part. In such a case, a filing by the national or international labor organization of copies of such constitution and bylaws will be accepted as a filing of such documents by each such adopting labor organization within the meaning of section 201(a) of the Act and this part, if the following conditions are met: (1) The national or international labor organizations shows in its report filed under paragraph (a) of this section that copies of its constitution and bylaws are being filed on behalf of such adopting organizations as well as on its own behalf, and files such number of additional copies as the Office of Labor-Management Standards may request, and (2) the adopting labor organization shows in its report filed under paragraph (a) of this section that the national or international constitution and bylaws are also its constitution and bylaws and that copies are filed on its behalf by the national or international labor organization. If the constitution and bylaws of the adopting labor organization include other documents, this shall be

8 402.4 Subsequent reports.

(a) Every labor organization shall update the information filed in its information report (Form LM-1), by filing two copies of Form LM-1A, entitled “Report of Current Status: Labor Organization Information Supplement,” together with two copies of any documents called for by that form for each reporting period in which there have been changes in the constitution and bylaws or in the practices or procedures for which separate statements must be filed pursuant to subsection 201(a)(5) (A) through (M) of the Labor-Management Reporting and Disclosure Act. Such subsequent reports shall be filed when the labor organization files its annual financial report as provided in Part 403 of this chapter. Reports on Form LM-1A shall be signed by the president and treasurer or corresponding principal officers of the labor organization filing the reports.

(b) A labor organization which has adopted or had adopted as its constitution and bylaws a uniform constitution and bylaws prescribed by its parent national or international labor organization in accordance with $ 402.3(b) is not required to file Form LM-1A when changes are made in that constitution and bylaws if the following conditions are met:

(1) The parent national or international labor organization files as many copies of the amended uniform constitution and bylaws with the Office of Labor-Management Standards as the Office may request;

(2) There have been no changes in practices described by the subordinate labor organization in the latest statements submitted in response to question 18 on Form LM-1 or question 10 on Form LM-1A; and

(3) There have been no changes in any additional constitution, bylaws, or other governing rules adopted by the subordinate labor organization.

If the above conditions are met, the labor organization should check item 18 on Form LM-3 or item 20 on Form LM-2 yes” with an asterisk and add a statement similar to the following in the additional information space on the form: "This labor organization is not filing Form LM-1A because the only changes in our governing rules were in a uniform constitution prescribed by our parent body which is filing the required number of copies, and there have been no changes in practices described in the latest statements submitted with Form LM-1 or Form LM-1A." (40 FR 58856, Dec. 19, 1975, as amended at 42 FR 6807, Feb. 4, 1977; 50 FR 31309, Aug. 1, 1985)

8 402.6 Receipt of reports and documents.

Upon receipt of all reports and documents submitted for filing under the provisions of this part, the Office of Labor-Management Standards shall assign to the initial information report filed by each labor organization, an identifying number. This number thereafter shall be entered by the reporting labor organization on all subsequent or terminal reports and all other documents which it thereafter submits for filing under this part, as well as on all communications directed to the Office concerning such reports and documents.

8 402.7 Effect of acknowledgment and

filing by the Office of Labor-Manage

ment Standards. Acknowledgment by the Office of Labor-Management Standards of the receipt of reports and documents submitted for filing under this part, is intended solely to inform the sender of the receipt thereof by the Office, and neither such acknowledgment nor the filing of such reports and documents by the Office constitutes express or implied approval thereof, or in any manner indicates that the content of any such report or document fulfills the reporting or other requirements of the Act, or of the regulations in this chapter, applicable thereto.

8 402.5 Terminal reports.

(a) Any labor organization required to file reports under the provisions of this part, which ceases to exist by virtue of dissolution or any other form of termination of its existence as a labor organization, or which loses its identity as a reporting labor organization through merger, consolidation or otherwise, shall file a report containing a detailed statement of the circumstances and effective date of such termination or loss of reporting identity, and if the latter, such report shall also state the name and mailing address of the labor organization into which it has been consolidated, merged, or otherwise absorbed. Such report shall be submitted on Form LM-2 in connection with the terminal financial report required by $ 403.5 of this chapter and shall be signed by the president and treasurer, or corresponding principal officers, of the labor organization at the time of its termination or loss of reporting identity and, together with a copy thereof, shall be filed with the Office of Labor-Management Standards within 30 days of the effective date of such termination or loss of reporting identity, as the case may be.

(b) Labor organizations which qualify to use Form LM-3, the Labor Organization Annual Report, pursuant to 88 403.4 and 403.5 of this chapter may file the terminal report called for in this section on Form LM-3. This report must be signed by the president and treasurer, or corresponding principal officers, of the labor organization.

8 402.8 Personal responsibility of signato

ries of reports. Each individual required to sign any report under section 201(a) of the Act and under this part shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false.

8 402.9 Maintenance and retention of

records. Every person required to file any report under this part shall maintain records on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Office of LaborManagement Standards may be verified, explained or clarified, and checked for accuracy and completePART 403–LABOR ORGANIZATION

ANNUAL FINANCIAL REPORTS

ness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than five years after the filing of the documents based on the information which they contain.

8 402.10 Dissemination and verification of

reports. Every labor organization required to submit a report under section 201(a) of the Act and under this part shall make available to all its members the information required to be contained in such report, including the copy of the constitution and bylaws required to be filed therewith, and every such labor organization and its officers shall be under a duty to permit such member for just cause to examine any books, records, and accounts necessary to verify such report and constitution and bylaws. [28 FR 14381, Dec. 27, 1963, as amended at 50 FR 31309, Aug. 1, 1985)

Sec. 403.1 Fiscal year for reports required by

this part. 403.2 Annual financial report. 403.3 Form of annual financial report-de

tailed report. 403.4 Simplified annual reports for smaller

labor organizations. 403.5 Terminal financial report. 403.6 Personal responsibility of signatories

of reports. 403.7 Maintenance and retention of

records. 403.8 Dissemination and verification of re

ports. 403.9 Attorney-client communications ex

empted. 403.10 Publication of reports required by

this part. AUTHORITY: Secs. 201, 208, 301, 73 Stat. 524, 529, 530; 29 U.S.C. 431, 438, 461; Secretary's Order No. 3-84 (49 FR 20578).

SOURCE: 28 FR 14383, Dec. 27, 1963, unless otherwise noted.

8 402.11 Attorney-client communications

exempted. Nothing contained in this part shall be construed to require an attorney who is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of section 201(a) of the Act, and of this part, any information which was lawfully communicated to such ttorney by any of his clients in the course of a legitimate attorneyclient relationship.

8 402.12 Publication of reports required by

this part. Inspection and examination of any report or other document filed as required by this part, and the furnishing by the Office of Labor-Management Standards of copies thereof to any person requesting them, shall be governed by Part 70 of this title.

§ 403.1 Fiscal year for reports required by

this part. (a) As used in this part, unless otherwise defined, the term “fiscal year" means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts are kept by a labor organization reporting under this part. Where a labor organization designates a new fiscal year period prior to the expiration of a previously established fiscal year period, the resultant period of less than 12 consecutive calendar months, and thereafter the newly established fiscal year, shall in that order each constitute a fiscal year for purposes of the report required to be filed by section 201(b) of the Act, and of the regulations in this part.

(b) A labor organization which is subject to section 201(b) of the Act for only a portion of its fiscal year because the labor organization first becomes subject to the Act during such fiscal year, may consider such portion as the entire fiscal year in making its report under this part. [28 FR 14383, Dec. 27, 1963, as amended at 42 FR 59070, Nov. 15, 1977)

[35 FR 2990, Feb. 13, 1970)

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