29 U.S.C. § 438
Rules and regulations; simplified reports
The Secretary shall have authority to issue, amend, and rescind rules and regulations prescribing the form and publication of reports required to be filed under this subchapter and such other reasonable rules and regulations (including rules prescribing reports concerning trusts in which a labor organization is interested) as he may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising his power under this section the Secretary shall prescribe by general rule simplified reports for labor organizations or employers for whom he finds that by virtue of their size a detailed report would be unduly burdensome, but the Secretary may revoke such provision for simplified forms of any labor organization or employer if he determines, after such investigation as he deems proper and due notice and opportunity for a hearing, that the purposes of this section would be served thereby.
Notes of Decisions
Cited in 14
cases, 1962–2013 · leading case: Am. Fed'n of Labor & Cong. of Indus. Organizations v. Chao, 409 F.3d 377 (D.C. Cir. 2005).
Am. Fed'n of Labor & Cong. of Indus. Organizations v. Chao, 409 F.3d 377 (D.C. Cir. 2005). “” 29 U.S.C. § 438 (emphasis added). Thus, the question presented by the AFL-CIO’s contention that the Secretary lacks authority to require general trust reporting is whether Form T-l comports with the statutory requirements that the Secretary “find [the rule] necessary to…”
Warshauer v. Solis, 577 F.3d 1330 (11th Cir. 2009). “” 29 U.S.C. § 438 . B. Relevant Department of Labor Regulations In 1963, the Department of Labor promulgated regulations to implement the employer reporting requirements of the LMRDA, specifying that “every employer required to file an annual report by section 203(a) of the Act…”
Int'l Swaps & Derivatives Ass'n v. United States Commodity Futures Trading Comm'n, 887 F. Supp. 2d 259 (D.D.C. 2012). “In that case, the Circuit considered whether the Secretary of Labor exceeded her authority *272 when she promulgated a rule under 29 U.S.C. § 438 , which states that: “[t]he Secretary shall have authority to issue, amend, and rescind .”
AL Educ Assn v. Chao, Elaine L., 455 F.3d 386 (D.C. Cir. 2006). “as he may find necessary to prevent the circumvention or evasion of such reporting requirements.”
Afl-cio v. Chao, 496 F. Supp. 2d 76 (D.D.C. 2009). “The panel majority recognized that the Secretary had "identified circumstances where union reporting requirements under Title II may be circumvented or evaded," but held that Form T-1 was an impermissible exercise of the Secretary's authority under 29 U.S.C. § 438 because it…”
Local No. 1 (ACA), Broadcast Employees of the Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers v. Int'l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers, 461 F. Supp. 961 (E.D. Pa. 1978). “Pursuant to 29 U.S.C. § 438 and 29 C.F.R. § 403.4 , a labor union with annual receipts of under $30,000 may file a “simplified” LM-3 form.”
Am. Fed'n of Labor & Cong. of Indus. Organizations v. Chao, 496 F. Supp. 2d 76 (D.D.C. 2007). “The panel majority recognized that the Secretary had “identified circumstances where union reporting requirements under Title II may be circumvented or evaded,” but held that Form T-l was an impermissible exercise of the Secretary’s authority under 29 U.S.C. § 438 because it…”
Humphreys, Hutcheson & Moseley v. Donovan, 568 F. Supp. 161 (M.D. Tenn. 1983). “Pursuant to § 208, 29 U.S.C. § 438 , the Secretary of Labor has authorized the use of the form LM-20 for the 30-day report.”
Local No. 1419, Ila, Gen. Longshore Workers Union, Afl-Cio v. Cornelius Smith, 301 F.2d 791 (5th Cir. 1962). “The Secretary of Labor under Title II, § 208 of the Act, 29 U.S.C.A. § 438 is authorized to issue rules and regulations prescribing the form and publication of required reports.”
Afl-cio v. Chao, 298 F. Supp. 2d 104 (D.D.C. 2004). “" 29 U.S.C. § 438 . As already noted, a "trust in which a labor organization is interested" is defined in LMRDA § 3(1) as a trust or other fund or organization (1) which was created or established by a labor organization, or one or more of the trustees or one or more members of…”
Am. Fed'n of Labor & Cong. of Indus. Organizations v. Chao, 298 F. Supp. 2d 104 (D.D.C. 2004). “” 29 U.S.C. § 438 . As already noted, a “trust in which a labor organization is interested” is defined in LMRDA § 3(1) as a trust or other fund or organization (1) which was created or established by a labor organization, or one or more of the trustees or one or more members of…”
Mosquera v. Solis, 924 F. Supp. 2d 111 (D.D.C. 2013). “529, 29 U.S.C. § 438 . See 74 Fed.Reg. 3678 (Jan.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.