Circuit Court of Appeals, Eighth Circuit, on the other hand, in affirming the lower court decision requiring union officers to pay legal fees incurred by certain union members in maintaining a law suit which had been authorized by a vote of the membership, took the contrary view. Journeymen Plasterers’ Protective & Benevolent Society, Local Union No. See also Trustees of Operative Plasterers’ and Cement Masons’ Local Union Officers and Employees Pension Fund v. 1965), held that section 501(a) applied to fiduciary responsibility with respect to money and property of a union and did not give the courts broad power to interfere with the internal affairs of unions. Brotherhood of Railway and Steamship Clerks, 228 F.Supp. Circuit Court of Appeals, Second Circuit, in the cases of Guarnaccia v.

In appropriate instances the cases set forth below may be referred to, without comment, to call attention to the conflicting court decisions on the scope of the fiduciary responsibilities of union officers.

The results of such investigations will be made known to interested persons as appropriate.īecause the Secretary of Labor does not have authority to enforce section 501(a) of LMRDA, it is the policy of this Office to refrain from giving advisory opinions on the scope of the fiduciary obligations set forth in section 501(a) and the procedure for enforcement set forth in section 501(b). Therefore, it is the policy of the Office of Labor-Management Standards (OLMS) to investigate, at its discretion, allegations of violations by union officers and other representatives of their fiduciary responsibilities under section 501(a) of the LMRDA. any matter which he deems to be appropriate as a result of such an investigation.' The Secretary of Labor has the authority under section 601(a) of the LMRDA to investigate 'when he believes it necessary in order to determine whether any person has violated or is about to violate any provisions of this Act (except title I or amendments made by this Act to other statutes).' Section 601(a) also provides that 'The Secretary may report to interested persons or officials concerning. The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group.ĥ10.002 LMRDA SECTION 501(a) INVESTIGATIVE POLICY STATEMENT

600-699 Enforcement Miscellaneous Provisionsĥ10 Fiduciary Responsibility of Officers and Othersĥ31.300 Who Must Be Bonded: “Labor Organization”ĥ31.400 Who Must Be Bonded: “Trust in Which a Labor Organization is Interested”ĥ34 Form of Bond: Individual or Schedule Designation of Insuredĥ40 Prohibitions Against Certain Financial Aid to Officersĥ50 Prohibition Against Holding Office or Employmentĥ80 Embezzlement and Other Criminal ConversionsįIDUCIARY RESPONSIBILITY OF OFFICERS AND OTHERS.

Shop steward definition