29 U.S.C. § 521

Investigations by Secretary; applicability of other laws

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 29 CasesGoogle Scholar
(a) The Secretary shall have power when he believes it necessary in order to determine whether any person has violated or is about to violate any provision of this chapter (except subchapter II of this chapter) to make an investigation and in connection therewith he may enter such places and inspect such records and accounts and question such persons as he may deem necessary to enable him to determine the facts relative thereto. The Secretary may report to interested persons or officials concerning the facts required to be shown in any report required by this chapter and concerning the reasons for failure or refusal to file such a report or any other matter which he deems to be appropriate as a result of such an investigation.(b) For the purpose of any investigation provided for in this chapter, the provisions of sections 49 and 50 of title 15 (relating to the attendance of witnesses and the production of books, papers, and documents), are made applicable to the jurisdiction, powers, and duties of the Secretary or any officers designated by him.(Pub. L. 86–257, title VI, § 601, Sept. 14, 1959, 73 Stat. 539.)Editorial NotesReferences in Text

The phrase “this chapter (except subchapter II of this chapter)”, referred to in subsec. (a), was in the original “this Act (except title I or amendments made by this Act to other statutes)”. “This chapter”, referred to later in subsec. (a) and also in subsec. (b), was in the original “this Act”. “This Act” is Pub. L. 86–257, Sept. 14, 1959, 73 Stat. 519, as amended, known as the Labor-Management Reporting and Disclosure Act of 1959, which enacted this chapter, amended sections 153, 158, 159, 160, 164, 186, and 187 of this title, and enacted provisions set out as notes under sections 153, 158, and 481 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title and Tables.

Notes of Decisions
Cited in 66 cases (3 in the last 5 years), 1961–2025 · leading case: Chao v. Local 743, Int'l Bhd. of Teamsters, 467 F.3d 1014 (7th Cir. 2006).
Chao v. Local 743, Int'l Bhd. of Teamsters, 467 F.3d 1014 (7th Cir. 2006). · cites it 9× “The Department of Labor opened an investigation in response to Berg’s complaint and issued a subpoena duces tecum to the Union, pursuant to 29 U.S.C. § 521 , seeking certain records related to the October election.”
Patrick Ellis v. Elaine L. Chao, Sec'y, United States Dep't of Labor, 336 F.3d 114 (2d Cir. 2003). · cites it 2× “Section 601 of the LMRDA, 29 U.S.C. § 521 , states what the Secretary is empowered to do as part of her investigation (ie.”
United States v. Zirpolo, 288 F. Supp. 993 (D.N.J. 1968). · cites it 9× “” CLAIMS OF GILES, FELDMAN AND LEUTY TO STATUTORY IMMUNITY The defendants Giles, Feldman and Leuty have moved to dismiss the Indictment upon two grounds: (1) each of these defendants is immune from prosecution by virtue of the immunity provisions of § 601 of the Landrum-Griffin…”
McLaughlin Sec'y of Labor v. Serv. Employees Union, Afl-Cio, Local 280, 880 F.2d 170 (9th Cir. 1989). · cites it 4× “§§ 401-531 , began an investigation of Local 280 pursuant to Section 601(a) of the LMRDA, 29 U.S.C. § 521 (a) (1982 & Supp. III 1985 & Supp.”
William Russell Aiken v. City of Memphis, Tennessee, 190 F.3d 753 (6th Cir. 1999). ““The Portal-to-Portal Act, which amended the FLSA in 1947, 29 U.S.C. § 521 et seq., represented an attempt by Congress to delineate certain activities which did not constitute work,” and which are therefore non-compensable.”
Elizabeth H. Dole, Sec'y of Labor, United States Dep't of Labor v. Serv. Employees Union, Afl-Cio, Local 280, 950 F.2d 1456 (9th Cir. 1991). · cites it 2× “4 The governing *1463 statute, 29 U.S.C. § 521 (b), limits the Secretary to judicial enforcement of the Department’s subpoenas so that “a district court may intervene to protect the constitutional rights of the target of an investigation.”
United States v. Bobby Eugene Allison, James William Spires, James Lonnie Greer, Marvin L. Robinson, 619 F.2d 1254 (8th Cir. 1980). · cites it 2× “The government claims that a labor union’s expectation of privacy is substantially reduced by virtue of 29 U.S.C. § 521 , which permits the Secretary of Labor or his surrogates to investigate a labor union to “determine whether any person has violated or is about to violate any…”
United States v. Sullivan, 618 F.2d 1290 (8th Cir. 1980). · cites it 4× “In January, 1978 the Labor Department undertook an investigation of the affairs of ■Local 101 as authorized by 29 U.S.C. § 521 , and in February, 1978 the International Union imposed a trusteeship on Local 101 which effectively removed Mr.”
Donovan, Raymond J., Sec'y of Labor, United States Dep't of Labor v. Spadea, Samuel, 757 F.2d 74 (3rd Cir. 1985). · cites it 2× “29 U.S.C. § 521 (b). Spadea argues that the district court erred in enforcing the subpoena because the officer who signed it, Hilary She-ply, was not duly designated by the Secretary.”
Wirtz v. Local Union No. 125, 389 U.S. 477 (1968). “5 The Secretary’s authority under § 601, 29 U. S. C. § 521 , both supplements his investigative mandate under § 402 (b) and authorizes inquiry without regard to the filing of a complaint by a union member.”
Local 57, Int'l Union of Operating Engineers (Aflcio) v. W. Willard Wirtz, Sec'y of Labor, U.S. Dep't of Labor, 326 F.2d 467 (1st Cir. 1964). · cites it 4× “-a subpoena issued by appellee Secretary •of Labor in furtherance of an investigation under section 601 of the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C.A. § 521 . Little purpose would be served in reciting the path followed by appellant below except to .”
Nat'l Labor Relations Bd. v. Steinerfilm, Inc., 702 F.2d 14 (1st Cir. 1983). · cites it 2× “§ 211 (Department of Labor, Fair Labor Standards Act); 29 U.S.C. § 521 (Department of Labor, LMRDA); 30 U.”
— 29 U.S.C. § 521(a) — 1 case
Su v. Amazon.com Servs. LLC (W.D. Wash. 2024).
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.