29 U.S.C. § 432

Report of officers and employees of labor organizations

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(a) Filing; contents of reportEvery officer of a labor organization and every employee of a labor organization (other than an employee performing exclusively clerical or custodial services) shall file with the Secretary a signed report listing and describing for his preceding fiscal year—(1) any stock, bond, security, or other interest, legal or equitable, which he or his spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value (including reimbursed expenses) which he or his spouse or minor child derived directly or indirectly from, an employer whose employees such labor organization represents or is actively seeking to represent, except payments and other benefits received as a bona fide employee of such employer;(2) any transaction in which he or his spouse or minor child engaged, directly or indirectly, involving any stock, bond, security, or loan to or from, or other legal or equitable interest in the business of an employer whose employees such labor organization represents or is actively seeking to represent;(3) any stock, bond, security, or other interest, legal or equitable, which he or his spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value (including reimbursed expenses) which he or his spouse or minor child directly or indirectly derived from, any business a substantial part of which consists of buying from, selling or leasing to, or otherwise dealing with, the business of an employer whose employees such labor organization represents or is actively seeking to represent;(4) any stock, bond, security, or other interest, legal or equitable, which he or his spouse or minor child directly or indirectly held in, and any income or any other benefit with monetary value (including reimbursed expenses) which he or his spouse or minor child directly or indirectly derived from, a business any part of which consists of buying from, or selling or leasing directly or indirectly to, or otherwise dealing with such labor organization;(5) any direct or indirect business transaction or arrangement between him or his spouse or minor child and any employer whose employees his organization represents or is actively seeking to represent, except work performed and payments and benefits received as a bona fide employee of such employer and except purchases and sales of goods or services in the regular course of business at prices generally available to any employee of such employer; and(6) any payment of money or other thing of value (including reimbursed expenses) which he or his spouse or minor child received directly or indirectly from any employer or any person who acts as a labor relations consultant to an employer, except payments of the kinds referred to in section 186(c) of this title.(b) Report of certain bona fide investments

The provisions of paragraphs (1), (2), (3), (4), and (5) of subsection (a) shall not be construed to require any such officer or employee to report his bona fide investments in securities traded on a securities exchange registered as a national securities exchange under the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], in shares in an investment company registered under the Investment Company Act of 1940 [15 U.S.C. 80a–1 et seq.], or in securities of a public utility holding company registered under the Public Utility Holding Company Act of 1935, or to report any income derived therefrom.

Nothing contained in this section shall be construed to require any officer or employee of a labor organization to file a report under subsection (a) unless he or his spouse or minor child holds or has held an interest, has received income or any other benefit with monetary value or a loan, or has engaged in a transaction described therein.

(Pub. L. 86–257, title II, § 202, Sept. 14, 1959, 73 Stat. 525.)Editorial NotesReferences in Text

The Securities Exchange Act of 1934, referred to in subsec. (b), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.

The Investment Company Act of 1940, referred to in subsec. (b), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter 2D of Title 15. For complete classification of this Act to the Code, see section 80a–51 of Title 15 and Tables.

The Public Utility Holding Company Act of 1935, referred to in subsec. (b), is title I of act Aug. 26, 1935, ch. 687, 49 Stat. 803, which was classified generally to chapter 2C (§ 79 et seq.) of Title 15, Commerce and Trade, prior to repeal by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. For complete classification of this Act to the Code, see Tables.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1969–2022 · leading case: United States v. Browne, 505 F.3d 1229 (11th Cir. 2007).

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United States v. Browne, 505 F.3d 1229 (11th Cir. 2007). “See 29 U.S.C. § 432 ; 29 C.F.R. § 404.3 . 27 .”

Am. Fed'n of Labor & Cong. of Indus. Organizations v. Chao, 409 F.3d 377 (D.C. Cir. 2005). · cites it 2× “Rather, the “present law” analysis, which the AFL-CIO contends informed Congress’s intent with regard to the level of detail to be required under section 201(b), supports the Secretary’s view that the TafL-Hartley Act afforded the Secretary authority that encompasses requiring…”

Commonwealth of Ky. v. Janet Yellen, 54 F.4th 325 (6th Cir. 2022). “Or take 29 U.S.C. § 432 (a)(2), which requires officers of labor organizations to report on stock they hold “directly or indirectly” in the business they seek to unionize.”

Recupero v. New England Tel. & Tel. Co., 118 F.3d 820 (1st Cir. 1997). “Violation of Obligation to Provide Plan Information Another kind of claim that, in appropriate circumstances, might be treated as an independent claim is a claim of violation of the ERISA requirement of production of plan information, 29 U.S.C. § 432 (c). We do not probe this…”

United States v. Boyd, 309 F. Supp. 2d 908 (S.D. Tex. 2004). · cites it 2× “§ 501 (a) of the LMRDA, Article 16 of the UTU Constitution, 29 U.S.C. § 432 (a)(4), and 29 U.S.C. § 481 (g).”

United States v. John P. McCarthy A/K/A Jack McCarthy, 422 F.2d 160 (2d Cir. 1970). · cites it 2× “The reporting requirements are in Title II of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. § 432 ), which states “(a) Every officer of a labor organization * * * shall file with the Secretary a signed report listing and describing for his preceding…”

United States v. Lanni, 335 F. Supp. 1060 (E.D. Pa. 1971). · cites it 2× “Labor-Management Reporting and Disclosure Act, § 202, 29 U.S.C. § 432 (1964). A similar section required employers to report *1071 payments to a union representative, his spouse or minor child.”

United States v. McCarthy, 298 F. Supp. 561 (S.D.N.Y. 1969). · cites it 3× “Both of these counts are laid under the reporting provisions of the Landrum-Griffin Act of *563 1959, codified in 29 U.S.C. §§ 432 (a), 437 (b) and 439(a).”

Raymond J. Donovan, Sec'y of Labor v. West Coast Detective Agency, Inc. & Anja Eng'g Co., 748 F.2d 1341 (9th Cir. 1984). “§ 431 ) requiring the disclosure of information from labor organizations, Section 202 ( 29 U.S.C. § 432 ) from employees of labor organizations, and Section 203 ( 29 U.”

United States v. McCarthy, 300 F. Supp. 716 (S.D.N.Y. 1969). · cites it 2× “The charge leading to this conviction was laid under Sections 202(a) and 209(b) of the Labor Management Reporting and Disclosure Act of 1959, 29 U.S.C. §§ 432 (a) and 439(b). 1 Two problems must now be resolved in order to determine whether the verdict may stand.”

Thomas v. Grand Lodge of Int'l Ass'n of Machinists & Aerospace Workers, 40 F. Supp. 2d 737 (D. Maryland 1999). “In similar vein, union officers and employees must file annual disclosure statements describing income received and transactions engaged in by the individuals, spouse, or child, 29 U.S.C. § 432 , which must be made available as public information “on the request of any person,”…”

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