29 U.S.C. § 433

Report of employers

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(a) Filing and contents of report of payments, loans, promises, agreements, or arrangementsEvery employer who in any fiscal year made—(1) any payment or loan, direct or indirect, of money or other thing of value (including reimbursed expenses), or any promise or agreement therefor, to any labor organization or officer, agent, shop steward, or other representative of a labor organization, or employee of any labor organization, except (A) payments or loans made by any national or State bank, credit union, insurance company, savings and loan association or other credit institution and (B) payments of the kind referred to in section 186(c) of this title;(2) any payment (including reimbursed expenses) to any of his employees, or any group or committee of such employees, for the purpose of causing such employee or group or committee of employees to persuade other employees to exercise or not to exercise, or as the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing unless such payments were contemporaneously or previously disclosed to such other employees;(3) any expenditure, during the fiscal year, where an object thereof, directly or indirectly, is to interfere with, restrain, or coerce employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing, or is to obtain information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding;(4) any agreement or arrangement with a labor relations consultant or other independent contractor or organization pursuant to which such person undertakes activities where an object thereof, directly or indirectly, is to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing, or undertakes to supply such employer with information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except information for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding; or(5) any payment (including reimbursed expenses) pursuant to an agreement or arrangement described in subdivision (4);shall file with the Secretary a report, in a form prescribed by him, signed by its president and treasurer or corresponding principal officers showing in detail the date and amount of each such payment, loan, promise, agreement, or arrangement and the name, address, and position, if any, in any firm or labor organization of the person to whom it was made and a full explanation of the circumstances of all such payments, including the terms of any agreement or understanding pursuant to which they were made.(b) Persuasive activities relating to the right to organize and bargain collectively; supplying information of activities in connection with labor disputes; filing and contents of report of agreement or arrangementEvery person who pursuant to any agreement or arrangement with an employer undertakes activities where an object thereof is, directly or indirectly—(1) to persuade employees to exercise or not to exercise, or persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing; or(2) to supply an employer with information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except information for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding;shall file within thirty days after entering into such agreement or arrangement a report with the Secretary, signed by its president and treasurer or corresponding principal officers, containing the name under which such person is engaged in doing business and the address of its principal office, and a detailed statement of the terms and conditions of such agreement or arrangement. Every such person shall file annually, with respect to each fiscal year during which payments were made as a result of such an agreement or arrangement, a report with the Secretary, signed by its president and treasurer or corresponding principal officers, containing a statement (A) of its receipts of any kind from employers on account of labor relations advice or services, designating the sources thereof, and (B) of its disbursements of any kind, in connection with such services and the purposes thereof. In each such case such information shall be set forth in such categories as the Secretary may prescribe.(c) Advisory or representative services exempt from filing requirements

Nothing in this section shall be construed to require any employer or other person to file a report covering the services of such person by reason of his giving or agreeing to give advice to such employer or representing or agreeing to represent such employer before any court, administrative agency, or tribunal of arbitration or engaging or agreeing to engage in collective bargaining on behalf of such employer with respect to wages, hours, or other terms or conditions of employment or the negotiation of an agreement or any question arising thereunder.

(d) Exemption from filing requirements generally

Nothing contained in this section shall be construed to require an employer to file a report under subsection (a) unless he has made an expenditure, payment, loan, agreement, or arrangement of the kind described therein. Nothing contained in this section shall be construed to require any other person to file a report under subsection (b) unless he was a party to an agreement or arrangement of the kind described therein.

(e) Services by and payments to regular officers, supervisors, and employees of employer

Nothing contained in this section shall be construed to require any regular officer, supervisor, or employee of an employer to file a report in connection with services rendered to such employer nor shall any employer be required to file a report covering expenditures made to any regular officer, supervisor, or employee of an employer as compensation for service as a regular officer, supervisor, or employee of such employer.

(f) Rights protected by section 158(c) of this title

Nothing contained in this section shall be construed as an amendment to, or modification of the rights protected by, section 158(c) of this title.

(g) “Interfere with, restrain, or coerce” defined

The term “interfere with, restrain, or coerce” as used in this section means interference, restraint, and coercion which, if done with respect to the exercise of rights guaranteed in section 157 of this title, would, under section 158(a) of this title, constitute an unfair labor practice.

(Pub. L. 86–257, title II, § 203, Sept. 14, 1959, 73 Stat. 526.)

Notes of Decisions

Cited in 36 cases (2 in the last 5 years), 1963–2025 · leading case: Int'l Union, United Auto., Aerospace & Agric. Implement Workers v. Nat'l Right to Work Legal Def. & Educ. Found., Inc., 590 F.2d 1139 (D.C. Cir. 1978).

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Int'l Union, United Auto., Aerospace & Agric. Implement Workers v. Nat'l Right to Work Legal Def. & Educ. Found., Inc., 590 F.2d 1139 (D.C. Cir. 1978). · cites it 7× “, and that section 203(b)(1) of the LMRDA, 29 U.S.C. § 433 (b)(1) (1976), does not afford a private right of action.”

Humphreys, Hutcheson & Moseley v. Donovan, 568 F. Supp. 161 (M.D. Tenn. 1983). · cites it 15× “This action seeking a declaratory judgment and injunctive relief presents novel and sensitive issues under sections 203(b) and 204, 29 U.S.C. § 433 (b) and § 434 of Title II of the Labor Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.”

Int'l Union UAW v. Nat'l Right to Work Legal Def. & Educ. Found., Inc., 433 F. Supp. 474 (D.D.C. 1977). · cites it 5× “The Court also advised the parties, upon reconsideration with respect to Count II of the second amended complaint, that it might have erred in 1973 in holding plaintiffs had an implied private right of action to enforce the reporting requirement of 29 U.S.C. § 433 (b)(1)…”

Douglas v. Wirtz, 232 F. Supp. 348 (M.D.N.C. 1964). · cites it 19× “…action seeks a declaratory judgment holding erroneous the Secretary of Labor’s interpretation of the provisions of 29 U.S.C. § 433 (b), § 433(c) and § 434 (§ 203(b), § 203(c) and § 204 of the Labor-Management Reporting and Disclosure Act of 1959). The plaintiff is a…”

John Edward Price, John Bernard Nelson & Franklin R. Sears v. W. Willard Wirtz, Sec'y of Labor, United States Dep't of Labor, 412 F.2d 647 (5th Cir. 1969). · cites it 6× “6 This narrow question involves the construction of § 203(b) and (c) of the LMRDA, 29 U.S.C.A. § 433 (b), (c). 7 After full reconsideration of the issues involved, we now reject our earlier position in Part VII of Fowler and adopt the view taken by the Fourth Circuit in Douglas.”

Raymond J. Donovan, Sec'y of Labor v. West Coast Detective Agency, Inc. & Anja Eng'g Co., 748 F.2d 1341 (9th Cir. 1984). · cites it 5× “§ 432 ) from employees of labor organizations, and Section 203 ( 29 U.S.C. § 433 ) from employers. More precisely, 29 U.”

Donovan v. Master Printers Ass'n, Etc., 532 F. Supp. 1140 (N.D. Ill. 1981). · cites it 3× “This case involves a challenge to the Secretary of Labor’s (“Secretary”) interpretation of § 203 of the Labor Management Reporting and Disclosure Act (“LMRDA” or “Act”), 29 U.S.C. § 433 (1959). The Secretary seeks to compel defendant, Master Printers Association (“Association”)…”

Warshauer v. Solis, 577 F.3d 1330 (11th Cir. 2009). “” 29 U.S.C. § 433 (a)(1). *1333 Section 203(a)(1)’s reporting requirement applies only to “employers.”

Raymond J. Donovan, Sec'y of Labor, United States Dep't of Labor v. The Rose Law Firm, 768 F.2d 964 (8th Cir. 1985). · cites it 5× “The Department of Labor subsequently contacted the Rose Law Firm and asked the firm to file certain labor consultant reporting forms as required by section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) (codified at 29 U.S.C. § 433 (b)). 1 LMRDA *966…”

Int'l Union, United Auto., Aerospace & Agric. Implement Workers v. Nat'l Right to Work Legal Def. & Educ. Found., Inc., 366 F. Supp. 46 (D.D.C. 1974). · cites it 4× “Plaintiffs in addition seek declaratory and injunctive relief requiring the Committee and the Foundation to file with the Secretary of Labor, pursuant to subsection 203(b)(1), 29 U.S.C. § 433 (b)(1), reports containing detailed statements of any agreements or arrangements with…”

United States v. Heinze, 361 F. Supp. 46 (D. Del. 1973). · cites it 4× “” 29 U.S.C. § 433 (a), referred to in Paragraph 2(a) of Count 1, requires employers to report certain dealings and expenditures to the Secretary of Labor.”

Master Printers Ass'n, a Div. of Printing Indus. of Illinois v. Raymond J. Donovan, Sec'y of Labor, United States Dep't of Labor, 699 F.2d 370 (7th Cir. 1983). · cites it 2× “The Secretary of Labor initiated this action against Master Printers Association (MPA), alleging that MPA violated section 203 of the Labor Management and Disclosure Act, 29 U.S.C. § 433 , by failing to file complete reports of its labor relations activity.”

Show all 36 citing cases →

— 29 U.S.C. § 433(a)(4) — 1 case

Int'l Union v. Sec'y of Labor, 678 F. Supp. 4 (D.D.C. 1988).

— 29 U.S.C. § 433(e) — 2 cases

Douglas v. Wirtz, 232 F. Supp. 348 (M.D.N.C. 1964). “…action seeks a declaratory judgment holding erroneous the Secretary of Labor’s interpretation of the provisions of 29 U.S.C. § 433 (b), § 433(c) and § 434 (§ 203(b), § 203(c) and § 204 of the Labor-Management Reporting and Disclosure Act of 1959). The plaintiff is a…”

Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Elizabeth Dole, Sec'y of Labor, 869 F.2d 616 (D.C. Cir. 1989).

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