29 U.S.C. § 431

Report of labor organizations

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(a) Adoption and filing of constitution and bylaws; contents of reportEvery labor organization shall adopt a constitution and bylaws and shall file a copy thereof with the Secretary, together with a report, signed by its president and secretary or corresponding principal officers, containing the following information—(1) the name of the labor organization, its mailing address, and any other address at which it maintains its principal office or at which it keeps the records referred to in this subchapter;(2) the name and title of each of its officers;(3) the initiation fee or fees required from a new or transferred member and fees for work permits required by the reporting labor organization;(4) the regular dues or fees or other periodic payments required to remain a member of the reporting labor organization; and(5) detailed statements, or references to specific provisions of documents filed under this subsection which contain such statements, showing the provision made and procedures followed with respect to each of the following: (A) qualifications for or restrictions on membership, (B) levying of assessments, (C) participation in insurance or other benefit plans, (D) authorization for disbursement of funds of the labor organization, (E) audit of financial transactions of the labor organization, (F) the calling of regular and special meetings, (G) the selection of officers and stewards and of any representatives to other bodies composed of labor organizations’ representatives, with a specific statement of the manner in which each officer was elected, appointed, or otherwise selected, (H) discipline or removal of officers or agents for breaches of their trust, (I) imposition of fines, suspensions, and expulsions of members, including the grounds for such action and any provision made for notice, hearing, judgment on the evidence, and appeal procedures, (J) authorization for bargaining demands, (K) ratification of contract terms, (L) authorization for strikes, and (M) issuance of work permits. Any change in the information required by this subsection shall be reported to the Secretary at the time the reporting labor organization files with the Secretary the annual financial report required by subsection (b).(b) Annual financial report; filing; contentsEvery labor organization shall file annually with the Secretary a financial report signed by its president and treasurer or corresponding principal officers containing the following information in such detail as may be necessary accurately to disclose its financial condition and operations for its preceding fiscal year—(1) assets and liabilities at the beginning and end of the fiscal year;(2) receipts of any kind and the sources thereof;(3) salary, allowances, and other direct or indirect disbursements (including reimbursed expenses) to each officer and also to each employee who, during such fiscal year, received more than $10,000 in the aggregate from such labor organization and any other labor organization affiliated with it or with which it is affiliated, or which is affiliated with the same national or international labor organization;(4) direct and indirect loans made to any officer, employee, or member, which aggregated more than $250 during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment;(5) direct and indirect loans to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment; and(6) other disbursements made by it including the purposes thereof;all in such categories as the Secretary may prescribe.(c) Availability of information to members; examination of books, records, and accounts

Every labor organization required to submit a report under this subchapter shall make available the information required to be contained in such report to all of its members, and every such labor organization and its officers shall be under a duty enforceable at the suit of any member of such organization in any State court of competent jurisdiction or in the district court of the United States for the district in which such labor organization maintains its principal office, to permit such member for just cause to examine any books, records, and accounts necessary to verify such report. The court in such action may, in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney’s fee to be paid by the defendant, and costs of the action.

(Pub. L. 86–257, title II, § 201(a)–(c), Sept. 14, 1959, 73 Stat. 524, 525.)Editorial NotesCodification

Section is comprised of subsecs. (a) to (c) of section 201 of Pub. L. 86–257. Subsec. (d) of section 201 repealed subsecs. (f) to (h) of section 159 of this title, and subsec. (e) of section 201 amended section 158(a)(3)(i) of this title.

Notes of Decisions
Cited in 154 cases (12 in the last 5 years), 1961–2025 · leading case: Manuel M. Fernandez-Montes v. Allied Pilots Ass'n, Fred Vogel, & C.R. Paty, 987 F.2d 278 (5th Cir. 1993).
Manuel M. Fernandez-Montes v. Allied Pilots Ass'n, Fred Vogel, & C.R. Paty, 987 F.2d 278 (5th Cir. 1993). · cites it 6× “1 The APA is required by the Labor Management Reporting and Disclosure Act of *281 1959 (“LMRDA”), 29 U.S.C. § 431 (a) and (b), to file its constitution and bylaws, as well as periodic reports (“LM Reports”) regarding the union’s constitution and bylaws and finances, with the…”
Am. Fed'n of Labor & Cong. of Indus. Organizations v. Chao, 409 F.3d 377 (D.C. Cir. 2005). · cites it 8× “The American Federation of Labor and Congress of Industrial Organizations (“AFL-CIO”) challenges the Secretary of Labor’s interpretation of her authority under sections 201(b) and 208 of the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA”), 29 U.S.C. §§ 431 (b),…”
Marx v. Gen. Revenue Corp., 133 S. Ct. 1166 (2013). · cites it 2× “V) (“The court may also, in its discretion, award costs and attorneys fees to the prevail- ing party”); 29 U. S. C. §431 (c) (2006 ed.) (“The court .”
Hall v. Cole, 412 U.S. 1 (1973). · cites it 4× “…that because Congress expressly authorized the recovery of counsel fees in §§ 201 (c) and 501 (b) of the LMRDA, 29 U. S. C. §§ 431 (c), 501 (b), the absence of a similar express provision in § 102 indicates an intent to preclude "fee-shifting" in suits brought under that…”
United States v. Browne, 505 F.3d 1229 (11th Cir. 2007). · cites it 2× “See 29 U.S.C. §§ 431 (b), 436; 29 C.F.R. § 403.”
Marek v. Chesny, 473 U.S. 1 (1985). · cites it 2× “524 , 29 U. S. C. § 431 (c). 32. Age Discrimination in Employment Act of 1967, 81 Stat.”
Chicago Teachers Union, Local No. 1 v. Hudson, 475 U.S. 292 (1986). · cites it 2× “This is not to suggest, of course, that the information required by that Act, see 29 U. S. C. § 431 (b); 29 CFR § 403.3 (1985), is either necessary or sufficient to satisfy the First Amendment concerns in this context.”
Finnegan v. Leu, 456 U.S. 431 (1982). · cites it 2× “[8] Compare § 201(a)(5)(H) of the Act, 29 U. S. C. § 431 (a)(5)(H), which requires reporting on the procedures for "discipline or removal of officers or agents for breaches of their trust" (emphasis added).”
United States v. Steven McLaughlin, 386 F.3d 547 (3rd Cir. 2004). · cites it 2× “§ 2 , one count of failing to disclose material facts in a report filed with the Secretary of the Department of Labor (“DOL”) in violation of 29 U.S.C. §§ 431 , 439(b), and perjury in violation of 18 U.”
Fruit & Vegetable Packers & Warehousemen Local 760, & James Farrington v. Terry C. Morley, Vincent Kuntz & Lumina Brownlee, 378 F.2d 738 (9th Cir. 1967). · cites it 6× “As required by 29 U.S.C. § 431 (b), the union, by its secretary-treasurer Farrington, filed financial statements (called LM-2 reports) with the government for the years 1962, 1963 and 1964, copies of which were obtained by appellees.”
Daniels v. Nat'l Post Off. Mail Handlers, 454 F. Supp. 336 (E.D. Va. 1978). · cites it 10× “Plaintiff claims that the denial to him of access to *338 the minutes of such meetings have violated rights secured to him under 29 U.S.C. § 431 (c); 29 U.S.C. § 411 (a); and 29 U.”
John Mallick v. Int'l Bhd. of Elec. Workers, 749 F.2d 771 (D.C. Cir. 1984). · cites it 3× “Mallick relied in part on subsection 201(c) of the LMRDA, 29 U.S.C. § 431 (c), which requires a union to permit a member “for just cause to examine any books, records, and accounts necessary to verify” certain reports that the union must file with the Secretary of Labor.”
— 29 U.S.C. § 431(c) — 2 cases
Haiduk v. Atl. Indep. Union, 31 F.R.D. 241 (E.D. Pa. 1962).
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