PART 451—LABOR ORGANIZATIONS AS DEFINED IN THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959 Authority: Secs. 3, 208, 401, 73 Stat. 520, 529, 532 (29 U.S.C. 402, 438, 481); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012. Source: 28 FR 14388, Dec. 27, 1963, unless otherwise noted. § 451.1 Introductory statement. (a) This part discusses the meaning and scope of sections 3(i) and 3(j) of the Labor-Management Reporting and Disclosure Act of 1959 1 2 1 2 (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 officers, 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 Secretary of Labor embodied in section 601 3 4 3 4 Skidmore Swift & Co., (d) To the extent that prior opinions and interpretations relating to the meaning of “labor organization” and “labor organization * * * in an industry affecting commerce” are inconsistent or in conflict with the principles stated in this part, they are hereby rescinded and withdrawn. [28 FR 14388, Dec. 27, 1963, as amended at 50 FR 31309, Aug. 1, 1985; 78 FR 8026, Feb. 5, 2013] § 451.2 General. 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. 5 5 (2) To come within the quoted language in section 3(i) 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. 6 6 National Labor Relations Board Cabot Carbon Co., (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 under consideration. 7 7 (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 with the exception of a labor organization composed of employees of the United States Postal Service which is subject to the Act by virtue of the Postal Reorganization Act of 1970. (Organizations composed of Federal government employees that meet the definition of “labor organization” in the Civil Service Reform Act or the Foreign Service Act are subject to the standards of conduct requirements of those Acts, 5 U.S.C. 7120 and 22 U.S.C. 4117, respectively. In addition, labor organizations subject to the Congressional Accountability Act of 1995 are subject to the standards of conduct provisions of the Civil Service Reform Act pursuant to 2 U.S.C. 1351(a)(1). The regulations implementing the standards of conduct requirements are contained in parts 457-459 of this title.) However, in the case of a national, international or intermediate 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 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. 8 8 (b) Organizations which may or may not deal with employers. [28 FR 14388, Dec. 27, 1963, as amended at 42 FR 59071, Nov. 15, 1977; 50 FR 31310, Aug. 1, 1985; 62 FR 6093, Feb. 10, 1997] § 451.4 Labor organizations under section 3(j). (a) General. (b) Certified employee representatives. (c) Labor organizations recognized or acting as employee representatives though not certified. 9 10 9 National Labor Relations Board Highland Park Mfg. Co., 10 (d) Organizations which have chartered local or subsidiary bodies. 11 12 11 12 (e) Local or subordinate bodies which have been chartered by a labor organization. (f) Intermediate bodies. 13 13 (1) Conference. (2) General committees. 14 14 (3) Joint or system boards. (4) Joint councils. [28 FR 14388, Dec. 27, 1963, as amended at 42 FR 59071, Nov. 15, 1977] § 451.5 “State or local central body.” (a) The definition of “labor organization” in section 3(i) and the examples of labor organizations deemed to be engaged in an industry affecting commerce in section 3(j)(5) both except from the term “labor organization” a “State or local central body.” As used in these two sections, the phrase State or local central body (1) Is chartered by a federation of national or international unions; and (2) Admits to membership local unions and subordinate bodies of national or international unions that are affiliated with the chartering federation within the State or local central body's territory and any local unions or subordinate bodies directly affiliated with the federation in such territory; and (3) Exists primarily to carry on educational, legislative and coordinating activities. (b) The term does not include organizations of local unions or subordinate bodies (1) of a single national or international union; or (2) of a particular department of a federation or similar association of national or international unions. [29 FR 8060, June 25, 1964] § 451.6 Extraterritorial application. (a) It is not the purpose of the Act to impose on foreign labor organizations any regulation of the activities they carry on under the laws of the countries in which they are domiciled or have their principal place of business. The applicability of the Act is limited to the activities of persons or organizations within the territorial jurisdiction of the United States. The foregoing would be applicable, for example, to Canadian locals affiliated with international labor organizations organized within the United States. (b) On the other hand, labor organizations otherwise subject to the Act are not relieved of the requirements imposed upon them with respect to actions taken by them in the United States or which will have effect in the United States, by virtue of the fact that they have foreign members or affiliates that participate in these actions. For example, a national or international labor organization which conducts its required election of officers by referendum or at a convention of delegates must comply with the election provisions of the Act, 16 15 16 (c) Similarly, the provisions of the Act with respect to imposition of trusteeships 17 17