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. § 440

Civil action for enforcement by Secretary; jurisdiction

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Whenever it shall appear that any person has violated or is about to violate any of the provisions of this subchapter, the Secretary may bring a civil action for such relief (including injunctions) as may be appropriate. Any such action may be brought in the district court of the United States where the violation occurred or, at the option of the parties, in the United States District Court for the District of Columbia.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1961–2024 · leading case: Alonzo Linder v. Ole M. Berge, 739 F.2d 686 (1st Cir. 1984).
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Alonzo Linder v. Ole M. Berge, 739 F.2d 686 (1st Cir. 1984). · cites it 2× “Section 414 provides for enforcement according to the provisions of 29 U.S.C. § 440 ; § 440, in turn, states: “Whenever it shall appear that any person has violated or is about to violate any of the provisions of this subchapter, the Secretary may bring a civil action for such…”
AL Educ Assn v. Chao, Elaine L., 455 F.3d 386 (D.C. Cir. 2006). “engaged in an industry affecting commerce” in § 3(j)(5) precisely because doing so is “necessary to prevent the circumvention ... of [the] reporting requirements” of the Act.”
Int'l Union v. Nat'l Right to Work Legal Def. & Educ. Found., Inc., 590 F.2d 1139 (D.C. Cir. 1978). “§ 433 (b)(1) (1976), the district court held the statute could not be enforced through a civil action brought by the unions, and that only the Secretary of Labor could enforce the statute under section 210 of the LMRDA, 29 U.”
Wirtz v. Cascade Emp.'s Ass'n, 219 F. Supp. 84 (D.D.C. 1963). · cites it 4× “The Secretary has alleged that jurisdiction of these actions is conferred upon the court by 29 U.S.C. § 440 , which provides : “Whenever it shall appear that any person has violated or is about to violate any of the provisions of this subchapter, the Secretary may bring a civil…”
Colpo v. Gen. Teamsters Local Union 326, 512 F. Supp. 1093 (D. Del. 1981). · cites it 2× “The provisions of section 210 [ 29 U.S.C. § 440 ] shall be applicable in the enforcement of this section.”
United States v. Michael Budzanoski, 462 F.2d 443 (3d Cir. 1972). “If he can intervene where someone is “about to violate” the provisions, Congress must have contemplated the Secretary’s action prior to the filing of inaccurate reports which would violate the Act.”
Anthony Tomko v. Paul Hilbert, 288 F.2d 625 (3d Cir. 1961). “, which imposes a duty on labor organizations, their officers and employees, and employers to prepare and file certain enumerated reports, can be enforced by a civil action under section 210, 29 U.S.C.A. § 440 , against any person. Also, criminal sanctions are contained in…”
Dole v. Local 427, Int'l Union of Elec. Workers, 760 F. Supp. 423 (D.N.J. 1991). · cites it 2× “Colmenares, will have to be litigated on a case-by-case basis in the absence of an injunction.”
Int'l Union v. Donovan, 577 F. Supp. 398 (D.D.C. 1983). · cites it 2× “29 U.S.C. § 440 provides that: Whenever it shall appear that any person has violated or is about to violate any of the provisions of this subchapter, the Secretary may bring a civil action for such relief (including injunctions) as may be appropriate____ There is no private…”
United States v. Pascal Dijames, 731 F.2d 758 (11th Cir. 1984). “” 29 U.S.C. § 440 (1980). The court analyzed this language and found that if venue were proper only in the District of Columbia, where the report had to be filed, the wording of the statute would be redundant.”
Hodgson v. United Mine Workers of Am., 344 F. Supp. 17 (D.D.C. 1972). “Section 210 of the Act ( 29 U.S.C. § 440 ) : Whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, the Secretary may bring a civil action for such relief (including injunctions) as may be appropriate.”
Int'l Union UAW v. Nat'l Right to Work Legal Def. & Educ. Found., Inc., 433 F. Supp. 474 (D.D.C. 1977). “Rather, the Court concludes that only the Secretary of Labor, pursuant to section 210 of the LMRDA, 29 U.S.C. § 440 , may bring a civil action to enforce directly the Act’s reporting requirements.”
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