U.S. Code
»
Title 29
» Chapter CHAPTER 11— LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE › Subchapter SUBCHAPTER III— REPORTING BY LABOR ORGANIZATIONS, OFFICERS AND EMPLOYEES OF LABOR ORGANIZATIONS, AND EMPLOYERS
29 U.S.C. § 435
Reports and documents as public information
(a) Publication; statistical and research purposesThe contents of the reports and documents filed with the Secretary pursuant to sections 431, 432, 433, and 441 of this title shall be public information, and the Secretary may publish any information and data which he obtains pursuant to the provisions of this subchapter. The Secretary may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as he may deem appropriate.
(b) Inspection and examination of information and dataThe Secretary shall by regulation make reasonable provision for the inspection and examination, on the request of any person, of the information and data contained in any report or other document filed with him pursuant to section 431, 432, 433, or 441 of this title.
(c) Copies of reports or documents; availability to State agenciesThe Secretary shall by regulation provide for the furnishing by the Department of Labor of copies of reports or other documents filed with the Secretary pursuant to this subchapter, upon payment of a charge based upon the cost of the service. The Secretary shall make available without payment of a charge, or require any person to furnish, to such State agency as is designated by law or by the Governor of the State in which such person has his principal place of business or headquarters, upon request of the Governor of such State, copies of any reports and documents filed by such person with the Secretary pursuant to section 431, 432, 433, or 441 of this title, or of information and data contained therein. No person shall be required by reason of any law of any State to furnish to any officer or agency of such State any information included in a report filed by such person with the Secretary pursuant to the provisions of this subchapter, if a copy of such report, or of the portion thereof containing such information, is furnished to such officer or agency. All moneys received in payment of such charges fixed by the Secretary pursuant to this subsection shall be deposited in the general fund of the Treasury.
(Pub. L. 86–257, title II, § 205, Sept. 14, 1959, 73 Stat. 528; Pub. L. 89–216, § 2(a)–(c), Sept. 29, 1965, 79 Stat. 888.)Editorial NotesAmendments1965—Pub. L. 89–216 inserted references to section 441 of this title.
Notes of Decisions
Manuel M. Fernandez-Montes v. Allied Pilots Ass'n, Fred Vogel, & C.R. Paty, 987 F.2d 278 (5th Cir. 1993).
“See 29 U.S.C. § 435 . 3 . 29 U.S.C. § 436 provides: "Every person required to file any report under this subchapter 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…”
Gem Fin. Serv., Inc. v. City of N.Y., 298 F. Supp. 3d 464 (E.D.N.Y 2018).
“Because Plaintiff does not have a reasonable expectation of privacy in the information in the records, the compelled reporting of the information differs from seizures and searches in the computer and internet context. In the latter contexts, the government often seizes…”
United States v. John P. McCarthy A/K/A Jack McCarthy, 422 F.2d 160 (2d Cir. 1970).
“By requiring the reporting of all facts which might bear on a union official’s loyalty, and by making the reports available to the public ( 29 U.S.C. § 435 ), Congress intended to provide union members with information to help them in intelligent election procedures.”
Int'l Union v. Brock, 783 F.2d 237 (D.C. Cir. 1986).
“See 29 U.S.C. § 435 ; 29 C.F.R. § 405.10 , 406.”
Harvey Park Dist. v. Am. Fed'n of Professionals, 901 N.E.2d 901 (Ill. App. Ct. 2008).
“In this case, however, the Union’s own constitution mandates that collective-bargaining agreements be ratified and approved by a majority of the members “before the same shall be executed on behalf of the Union.” The Labor Management Reporting and Disclosure Act of 1959…”
Harvey Park Dist. v. Am. Fed'n of Professionals (Ill. App. Ct. 2008).
“" The Labor Management Reporting and Disclosure Act of 1959 (Disclosure Act) requires a union to file its constitution and bylaws with the Secretary of Labor ( 29 U.”
Fernandez-Montes v. Allied Pilots Ass'n (5th Cir. 1993).
“See 29 U.S.C. § 435 . 3 29 U.S.C. § 436 provides: "Every person required to file any report under this subchapter 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…”
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