U.S. Code » Title 29 » Chapter CHAPTER 11— LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE › Subchapter SUBCHAPTER IV— TRUSTEESHIPS

29 U.S.C. § 461

Reports

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(a) Filing and contents; annual financial report

Every labor organization which has or assumes trusteeship over any subordinate labor organization shall file with the Secretary within thirty days after September 14, 1959 or the imposition of any such trusteeship, and semiannually thereafter, a report, signed by its president and treasurer or corresponding principal officers, as well as by the trustees of such subordinate labor organization, containing the following information: (1) the name and address of the subordinate organization; (2) the date of establishing the trusteeship; (3) a detailed statement of the reason or reasons for establishing or continuing the trusteeship; and (4) the nature and extent of participation by the membership of the subordinate organization in the selection of delegates to represent such organization in regular or special conventions or other policy-determining bodies and in the election of officers of the labor organization which has assumed trusteeship over such subordinate organization. The initial report shall also include a full and complete account of the financial condition of such subordinate organization as of the time trusteeship was assumed over it. During the continuance of a trusteeship the labor organization which has assumed trusteeship over a subordinate labor organization shall file on behalf of the subordinate labor organization the annual financial report required by section 431(b) of this title signed by the president and treasurer or corresponding principal officers of the labor organization which has assumed such trusteeship and the trustees of the subordinate labor organization.

(b) Applicability of other laws

The provisions of sections 431(c), 435, 436, 438, and 440 of this title shall be applicable to reports filed under this subchapter.

(c) Penalty for violations

Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

(d) False statements and entries; failure to disclose material facts; withholding, concealing or destroying documents, books, records, reports, or statements; penalty

Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any report required under the provisions of this section or willfully makes any false entry in or willfully withholds, conceals, or destroys any documents, books, records, reports, or statements upon which such report is based, shall be fined not more than $10,000 or imprisoned for not more than one year, or both.

(e) Personal liability

Each individual required to sign a report under this section shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false.

(Pub. L. 86–257, title III, § 301, Sept. 14, 1959, 73 Stat. 530.)
Notes of Decisions
Cited in 44 cases (4 in the last 5 years), 1962–2026 · leading case: United States v. Wells, 519 U.S. 482 (1997).
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United States v. Wells, 519 U.S. 482 (1997). · cites it 2× “§ 439 (b) (maximum one year prison term for person who knowingly makes false statement of material fact in report required under section 431); 29 U. S. C. § 461 (d) (maximum one year prison term for knowing misrepresentation of material fact in report labor organization must…”
United States v. Pascal Dijames, 731 F.2d 758 (11th Cir. 1984). · cites it 7× “FAY, Circuit Judge: Following a jury trial in the Northern District of Georgia, appellant, Pascal Di-James, was convicted of willfully failing to file a Labor Department trusteeship report, in violation of 29 U.S.C. §§ 461 (a) and (c) (1980). Although we find sufficient evidence…”
Du Charme v. Int'l Bhd. of Elec. Workers, Local 45, 20 I.E.R. Cas. (BNA) 174 (Cal. Ct. App. 2003). “(e)(2)), namely the trusteeship proceeding (29 U.S.C. §§ 461—466). The relevant facts are these: Local 45 was placed in trusteeship in April 1997 after dues collection deficiencies resulted in revenue losses, which led to an IBEW investigation and an independent audit.”
United States v. Michael E. Gaudin, 28 F.3d 943 (9th Cir. 1994). “§ 439 (b) (maximum one year prison term for person who knowingly makes false statement of material fact in report required under section 431); 29 U.S.C. § 461 (d) (maximum one year prison term for knowing misrepresentation of material fact in report labor organization must file…”
George A. Ross v. Hotel Employees & Restaurant Employees Int'l Union Robert Baker, Co-Tr. Carol Carlson, Co-Tr., 266 F.3d 236 (3rd Cir. 2001). “…of the cause on such conditions and for such period as it deems appropriate. 73 Stat. 519 §§ 301, 302, 303, 304, 29 U.S.C. §§ 461 , 462, 463, 464. 11 . At oral argument, and vaguely in his brief, Ross argued that we should read the enforcement section of Title III in…”
UnióN De Empleados De Muelles De P.R., Inc. v. Int'l Longshoremen's Ass'n, 884 F.3d 48 (1st Cir. 2018). “g from the dismissal of its complaint and the denial of its motion for a preliminary injunction, UDEM contends that the trusteeship was invalid because UDEM voted to disaffiliate from the ILA before the trusteeship was imposed and because UDEM was placed in trusteeship for…”
James D. Hodgson, Sec'y of Labor, Mike Trbovich v. United Mine Workers of Am., 473 F.2d 118 (D.C. Cir. 1972). “530 -32, 29 U.S.C. § 461 et seq. (1970). 4 . See Fed.”
P.J. Thompson, Phillip R. Pope v. Off. & Prof'l Employees Int'l Union, Afl-Cio, 74 F.3d 1492 (6th Cir. 1996). “Title III of the LMRDA, 29 U.S.C. § 461 et seq., governs the imposition of trusteeships.”
Parks v. Int'l Bhd. of Elec. Workers, 203 F. Supp. 288 (D. Maryland 1962). · cites it 2× “§ 412 ; (2) a violation of the trusteeship provisions of Title III of the LMRDA, 29 U.S.C.A. § 461 et seq.; and (3) disciplinary action against the members prohibited by Title VI of the LMRDA, giving Local 28 and its members a right of action under sec.”
Schonfeld v. Raftery, 271 F. Supp. 128 (S.D.N.Y. 1967). “” The LMRDA, Section 301, 29 U.S.C. § 461 , requires a report to the Secretary of Labor within thirty days after a trusteeship has been imposed, and semiannually thereafter.”
Hodgson v. United Mine Workers of Am., 344 F. Supp. 990 (D.D.C. 1972). · cites it 2× “Plaintiff, by this action brought under Title III of the Labor-Management Reporting and Disclosure Act of 1959 [ 29 U.S.C.A. § 461 et seq.] (hereinafter called “LMRDA”), seeks to cause the International Union, United Mine Workers of America (hereinafter called “International…”
Hansen v. Guyette, 636 F. Supp. 907 (D. Minnesota 1986). “29 U.S.C. § 461 ; UFCW Const, art. 9(H)(2).”
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