[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Proposed Rules]
[Pages 64226-64231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24451]



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Part III





Department of Labor





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Office of Labor-Management Standards



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29 CFR Part 458



Standards of Conduct for Federal Sector Labor Organizations; Proposed 
Rule

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / 
Proposed Rules

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DEPARTMENT OF LABOR

Office of Labor-Management Standards

29 CFR Part 458

RIN 1215-AB48


Standards of Conduct for Federal Sector Labor Organizations

AGENCY: Office of Labor-Management Standards, Employment Standards 
Administration, Department of Labor.

ACTION: Notice of Proposed Rulemaking; request for comments.

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SUMMARY: The Department of Labor's Employment Standards Administration 
is proposing to revise the regulations applicable to federal sector 
labor organizations subject to the Civil Service Reform Act of 1978 
(CSRA), the Foreign Service Act of 1980 (FSA), and the Congressional 
Accountability Act of 1995 (CAA). The purpose of this revision is to 
require labor organizations subject to the Acts to periodically inform 
members of their democratic rights as set forth in the standards of 
conduct provisions of the Acts and the implementing regulations. These 
rights include the right to participate in union affairs, freedom of 
speech and assembly, and the right to nominate candidates for office 
and run for office.
    The Department invites comment on this Proposed Rule with respect 
to the benefits of these changes, the ease or difficulty with which 
labor organizations will be able to comply, and whether the notice that 
would be provided to union members would be meaningful, useful, and in 
accordance with the purposes of the CSRA, FSA, and CAA. Additionally, 
comments are invited to address several particular questions to better 
inform the Department about how to best craft a final rule that serves 
the interests of labor organizations subject to the rule, the members 
of such organizations, and the public.

DATES: Comments must be received on or before January 3, 2005.

ADDRESSES: You may submit comments, identified by RIN 1215-AB48, by any 
of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Please 
follow the instructions for submitting comments.
    E-mail: <a href="/cdn-cgi/l/email-protection#0a4546475927584f4d273b383b3f274b483e324a6e6566246d657c"><span class="__cf_email__" data-cfemail="632c2f2e304e3126244e525152564e2221575b23070c0f4d040c15">[email protected]</span></a>.
    FAX: (202) 693-1340. To assure access to the FAX equipment, only 
comments of five or fewer pages will be accepted via FAX transmittal, 
unless arrangements are made prior to faxing, by calling the number 
below and scheduling a time for FAX receipt by the Office of Labor-
Management Standards.
    Mail: Mailed comments should be sent to Lary Yud, Deputy Director, 
Office of Labor-Management Standards, U.S. Department of Labor, 200 
Constitution Avenue NW., Room N-5605, Washington, DC 20210. Because the 
Department continues to experience delays in U.S. mail delivery due to 
the ongoing concerns involving toxic contamination, commenters should 
take this into consideration when preparing to meet the deadline for 
submitting comments.
    It is recommended that you confirm receipt of your comment by 
calling (202) 693-0123 (this is not a toll-free number). Individuals 
with hearing impairments may call 1-800-877-8339 (TTY/TDD).
    Comments will be available for public inspection during normal 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Kay H. Oshel, Chief, Division of 
Interpretations and Standards, Office of Labor-Management Standards, 
U.S. Department of Labor, 200 Constitution Avenue NW., Room N-5605, 
Washington, DC 20210, <a href="/cdn-cgi/l/email-protection#503f3c3d237d2025323c393310343f3c7e373f26"><span class="__cf_email__" data-cfemail="6a05060719471a1f080603092a0e0506440d051c">[email protected]</span></a>, (202) 693-1233 (this is not 
a toll-free number). Individuals with hearing impairments may call 1-
800-877-8339 (TTY/TDD).

SUPPLEMENTARY INFORMATION: The preamble to the Proposed Rule is 
organized as follows:

I. Background--provides a brief description of the development of 
the Proposed Rule.
II. Authority--cites the legal authority supporting the Proposed 
Rule, Departmental redelegation authority and interagency 
coordination authority.
III. Overview of the Rule--summarizes pertinent aspects of the 
regulatory text, and describes the purposes and application of that 
text.
IV. Regulatory Procedure--sets forth the applicable regulatory 
requirements and requests comments on specific issues.

I. Background

    On April 5, 2002, the Association for Union Democracy, which 
describes itself as a non-profit, non-partisan organization that seeks 
to promote democratic principles with the American labor movement and 
to educate workers concerning their legal rights, petitioned the 
Secretary of Labor to initiate a rulemaking proceeding. Stating that 
``[a]ll rights are meaningless if those who possess them are ignorant 
of them,'' the letter urged the Secretary to require unions to inform 
their members of their democratic rights, by publishing the rights in 
newsletters, Web sites, and as an appendix to their constitutions. On 
May 11, 2004, the Department convened a meeting of those individuals 
and organizations that would be affected by the Proposed Rule, 
including officers and members of labor organizations.
    The proposed rulemaking amends the regulations for unions subject 
to the standards of conduct provisions of the Civil Service Reform Act 
of 1978, 5 U.S.C. 7120 (CSRA), the Foreign Service Act of 1980, 22 
U.S.C. 4117(d) (FSA), and the Congressional Accountability Act of 1995, 
2 U.S.C. 1351(a)(1) (CAA), to require such unions to inform members of 
the standards of conduct provisions found at 29 CFR Parts 457-459.\1\ 
The CSRA standards of conduct regulations make certain provisions of 
the Labor-Management Reporting and Disclosure Act of 1959, 29 U.S.C. 
401, et seq. (LMRDA) applicable to federal sector labor organizations. 
The standards of conduct regulations incorporate Title I of the LMRDA 
(Bill of Rights of Members of Labor Organizations) virtually verbatim, 
see 29 CFR 458.2 (prescribing, among other requirements, equal rights 
of members, freedom of speech and assembly, safeguards against improper 
discipline, and the right to a copy of a collective bargaining 
agreement (for members and other employees affected by the agreement)), 
except for the important protection found in section 105 of the LMRDA, 
which states that ``every labor organization shall inform its members 
concerning the provisions of this Act.'' 29 U.S.C. 415. This proposed 
change revises the standards of conduct regulations to correct this 
omission by including this duty to notify members.
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    \1\ To avoid unnecessary repetition, this notice of proposed 
rulemaking will refer to the standards of conduct provisions of the 
Civil Service Reform Act, the Foreign Service Act, and the 
Congressional Accountability Act as the ``CSRA standards of 
conduct.'' See 5 U.S.C. 7120(d), 22 U.S.C. 4117(d), 2 U.S.C. 
1351(a)(1).
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    Labor organizations are free to devise their own notice language as 
long as it accurately states all union member democratic rights 
contained in the standards of conduct regulations. The Office of Labor-
Management Standards (OLMS) will provide language that a labor 
organization may use if it so chooses. Labor organizations will be 
required to provide all new union members with a notice of their rights 
and, if they have a Web site, the option to post their own notice 
stating all such union member democratic rights or to create a 
hyperlink to Union Member Rights and Officer Responsibilities under the 
Civil Service Reform Act on the OLMS Web site. The organizations

[[Page 64227]]

will also be required to provide written notice to all members every 
three years either by enclosing a notice with the statutorily mandated 
notice of elections or by other methods the organization may choose. A 
labor organization may demonstrate compliance with these requirements 
by showing that another labor organization provided an appropriate 
notice to all the organization's members during the necessary time 
frame. OLMS will have the authority to initiate investigations and take 
enforcement action to remedy any violations of the regulation through 
existing administrative enforcement mechanisms.
    Private litigation under the LMRDA has demonstrated that unions 
have a continuing obligation to inform members of their rights. In 
Thomas v. International Ass'n. of Machinists, 201 F.3d 517 (4th Cir. 
2000), a labor organization took the position that a notice provided 
forty years ago, shortly after the passage of the LMRDA, satisfied its 
notice obligations under the LMRDA. The Court of Appeals rejected this 
position, stating that the democratic principles in the statute ``are 
meaningless * * * if members do not know of their existence [because] 
if a member does not know of his rights, he cannot exercise them.'' 
Machinists, 201 F.3d at 520.
    The reasoning set forth above in Machinists, an LMRDA case, applies 
with equal force to unions governed by the CSRA. Furnishing a notice of 
the CSRA standards of conduct provisions furthers the fundamental 
policies of federal labor law. Union members aware of these provisions 
are more likely to monitor their labor organization and act to remedy 
any breach in the integrity of that organization. Union members who are 
not informed or aware of their rights are less able, or even likely, to 
take such action.
    The Proposed Rule has three specific parts. First, it would amend 
the regulations to require labor organizations representing federal 
employees to inform their members of the CSRA standards of conduct 
provisions and the regulations promulgated to carry out the purposes of 
the CSRA, 29 CFR 458.1 to 458.38. Second, the rule would provide 
options for these organizations to consider in devising their 
methodology for informing members. Finally, the rule would utilize the 
existing enforcement procedure that is currently used for violations of 
reporting and fiscal integrity requirements. See 29 CFR 458.50-458.53, 
458.66-458.93. The Department invites comment on this Proposed Rule 
with respect to the benefits of these changes, the ease or difficulty 
with which labor organizations will be able to comply, and whether the 
notice that would be provided to union members would be meaningful, 
useful, and in accordance with the purposes of the CSRA, FSA, and CAA. 
Additionally, comments are invited to address several particular 
questions to better inform the Department about how to best craft a 
final rule that serves the interests of labor organizations subject to 
the rule, the members of such organizations, and the public.

II. Legal Authority

A. Legal Authority

    The legal authority for this notice of proposed rulemaking is the 
standards of conduct provisions of the CSRA, 29 U.S.C. 7120(d), 7134, 
and the FSA, 22 U.S.C. 4117. These provisions expressly authorize the 
Assistant Secretary to issue regulations implementing the standards of 
conduct that conform generally to the principles applicable to labor 
organizations in the private sector, that is, the LMRDA. Under the CAA, 
the Office of Compliance, U.S. Congress, has issued regulations, 
expressly approved by the House and Senate, providing that the 
Secretary is responsible for issuing decisions and orders on standards 
of conduct matters. See 142 Cong. Rec. S12062-01, S12074 (Oct. 1, 
1996); 142 Cong. Rec. H10369-06, 10382 (Sept. 12, 1996). This Proposed 
Rule would add the provisions of LMRDA section 105 to the CSRA 
standards of conduct regulations.
    As discussed above, the Fourth Circuit in Thomas v. International 
Ass'n. of Machinists held that labor organizations have a continuing 
obligation to inform members of their rights and the union's 
responsibilities. Although the court did not specify the nature of that 
continuing obligation, the Department has determined to specify the 
details of that obligation under the rulemaking authority of the Acts 
in order to avoid uncertainty and confusion.
    Under the LMRDA, some provisions are enforced by members in private 
litigation while other provisions are enforced by the Department. Title 
I of the LMRDA, which includes section 105, is enforced by members only 
except for section 104 (Right to Copies of Collective Bargaining 
Agreements) which may be enforced by members or by the Department. 
Under the CSRA, the provisions of Title I of the LMRDA that have long 
been incorporated in the CSRA standards of conduct are enforced in 
administrative proceedings initiated by a member filing a complaint 
with a district office, or any other office, of OLMS pursuant to 29 CFR 
458.53-.54. If the OLMS District Director determines, after obtaining 
any additional information deemed necessary, that there is a reasonable 
basis for the complaint and there is no satisfactory offer of 
settlement, he or she will refer the matter for a hearing before an 
administrative law judge. 29 CFR 458.60. The Department has determined, 
however, that enforcement of this new provision of the standards of 
conduct regulations would be more effective if undertaken by OLMS 
acting on its own information, rather than relying on an individual to 
file a complaint with OLMS or to prosecute the action on his own. A 
union member who has not been informed of his rights as a union member 
cannot be expected to be knowledgeable about the role of OLMS in 
administering the CSRA standards of conduct, and cannot, therefore, be 
reasonably expected to file a complaint with OLMS in order to remedy 
the violation. Under these circumstances, the authority of OLMS to seek 
redress for a union's failure to inform members about their rights 
should not be made contingent upon the receipt of a complaint. 
Therefore, under the proposal, an OLMS District Director is authorized 
to conduct an investigation whenever it is necessary to determine 
whether any person has violated the duty imposed by this Proposed Rule. 
These enforcement procedures are similar to those currently in effect 
for provisions such as the labor organization reporting requirements, 
29 CFR 458.3, and the fiscal integrity requirements, 29 CFR 458.31, 
which are initiated by notification to any appropriate person or labor 
organization as provided at 29 CFR 458.66(b).

B. Departmental Authorization

    Secretary's Order No. 4-2001, issued May 24, 2001, and published in 
the Federal Register on May 31, 2001 (66 FR 29656), provides that the 
Assistant Secretary for Employment Standards has the responsibility and 
authority for implementing the standards of conduct provisions of the 
CSRA, the FSA, and the CAA as well as the standards of conduct 
regulations at 29 CFR parts 457-459.

III. Overview of the Rule

    The Proposed Rule would amend the CSRA standards of conduct 
regulations to require labor organizations representing federal 
employees to inform their members of the CSRA standards of conduct 
provisions and the regulations promulgated to carry out the

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purposes of the CSRA, 29 CFR 458.1 to 458.38. Labor organizations that 
represent both federal employees and non-federal employees (such as a 
national or local union that represents technicians employed by the 
Department of Defense and private contractors) are not subject to the 
CSRA standards of conduct. Such unions are directly covered by the 
LMRDA. An intermediate body, such as a conference, general committee, 
joint or system board, or joint council, which is subordinate to an 
LMRDA-covered national or international labor organization, is governed 
by the LMRDA even if the intermediate body has no dealings itself with 
private employers and no members who are employed in the private 
sector. See 68 FR 58383-84, 58473. Labor organizations subject to the 
CSRA standards may meet their duty to inform members about their union 
member rights by using language in the DOL publication Union Member 
Rights and Officer Responsibilities under the Civil Service Reform Act 
(available on the OLMS Web site at http://www.olms.dol.gov) or, 
alternatively, by devising their own language as long as it accurately 
states all CSRA standards of conduct provisions. A copy of the current 
version of Union Member Rights and Officer Responsibilities under the 
Civil Service Reform Act is appended to this proposal.
    The notice is to be provided to individual members when they join 
the labor organization and to all members at least once every three 
years. The notice may be included with the required notice of local 
union officer elections or by another method so long as it is 
reasonably calculated to reach all members. The Proposed Rule further 
requires that if a labor organization has a Web site, its site must 
contain a hyperlink to Union Member Rights and Officer Responsibilities 
under the Civil Service Reform Act on the OLMS Web site at http://www.olms.dol.gov, or, alternatively provide the organization's own 
notice as long as the notice accurately states all of the CSRA 
standards of conduct provisions.
    The Proposed Rule will be enforced by OLMS under the procedure 
currently established to remedy violations of certain substantive 
requirements of the standards of conduct provisions in the regulations. 
The existing regulations provide that OLMS may initiate an 
investigation and take enforcement action without a complaint to 
enforce, for example, labor organization reporting requirements, 29 CFR 
458.3, and fiscal integrity and other financial safeguards 
requirements, 29 CFR 458.31-458.36. Such enforcement actions are not 
contingent on whether a union member has filed a complaint. Rather, 
whenever it appears to an OLMS District Director that a violation has 
occurred and not been remedied, the District Director shall notify any 
appropriate person or labor organization. If no settlement is reached, 
the District Director may file a complaint with the Department's Chief 
Administrative Law Judge, who will assign it to an administrative law 
judge (ALJ) and, in such instance, an OLMS District Director will be 
named as the complainant. 29 CFR 458.67. Following a hearing, the ALJ 
will issue a recommended decision and order, which is submitted to the 
Assistant Secretary for Employment Standards along with the record. The 
parties may file exceptions with the Assistant Secretary. The Assistant 
Secretary will then issue a decision and order. 29 CFR 458.69-91. If 
the Assistant Secretary orders remedial action and finds that it has 
not been effected, the matter is referred for appropriate action to the 
Federal Labor Relations Authority, or in CAA cases, the Board of 
Directors of the Office of Compliance. 29 CFR 458.92.
    A union member who has not been informed of his rights as a union 
member cannot be expected to be knowledgeable about the role of OLMS in 
administering the CSRA standards of conduct. The union member cannot, 
therefore, be reasonably expected to file a complaint with OLMS in 
order to remedy the violation. Under these circumstances, the authority 
of OLMS to seek redress for a union's failure to inform members about 
their rights should not be made contingent upon the receipt of a 
complaint. Therefore, under the proposal, an OLMS District Director, 
consistent with 29 CFR 458.50, is authorized to conduct an 
investigation whenever the District Director believes it necessary to 
determine whether any person has violated the duty imposed by this 
Proposed Rule. And consistent with 29 CFR 458.66(b) and (c), an OLMS 
District Director is authorized to institute and participate in 
enforcement proceedings where a violation of this duty has not been 
remedied.

IV. Regulatory Procedures

Executive Order 12866

    The Proposed Rule has been drafted and reviewed in accordance with 
Executive Order 12866. The Department has determined that this Proposed 
Rule is not an ``economically significant'' regulatory action under 
section 3(f)(1) of Executive Order 12866. Because compliance with the 
rule can be achieved at low cost to covered labor organizations, the 
rule is not likely to: (1) Have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or state, local, or tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues. As a result, the 
Department has concluded that a full economic impact and cost/benefit 
analysis is not required for the rule under section 6(a)(3) of the 
Order. Because of its importance to the public, however, the rule was 
treated as a significant regulatory action and was reviewed by the 
Office of Management and Budget.
    The Proposed Rule would impose certain burdens associated with the 
requirement that labor organizations representing federal employees 
must inform their members of the CSRA standards of conduct provisions 
and the regulations promulgated to carry out the purposes of the CSRA, 
29 CFR 458.1 to 458.38. According to the latest available Office of 
Personnel Management figures, as of January 1, 2001, there were 
1,043,479 federal employees in bargaining units, and these units were 
represented by 2,199 local unions. Not all of these employees belong to 
a union, but that number can be used as the maximum theoretical number 
of members who must be informed of their rights. Since unions are free 
to add the rights notice to the mandatory election notice that locals 
by law must mail to their members every three years, the Department 
assumes that unions will take advantage of this cost-effective method 
of distributing the notice. Under such circumstances, the cost to 
unions would, at most, entail the cost of 1,043,479 photocopies of the 
notice, at $.15 per page, resulting in a $156,521 expenditure every 
three years, for annualized costs borne by all public sector unions of 
$52,174. It is conceivable that the required notice will increase the 
weight of each piece of mail to the next highest ounce, thus resulting 
in a $.23 fee for an extra ounce of first class postage for each 
envelope. This additional mailing cost would amount at most to $240,000 
every three years, for an annualized cost of $80,000. Summing the 
maximum copying costs and the maximum additional postage

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costs results in an additional $396,521 expenditure every three years, 
and a maximum total annualized costs for all unions of $132,174. Stated 
otherwise, the annualized cost to unions would be $.13 per member. 
Intermediate and national labor organizations would not have to provide 
separate notice as, pursuant to purposed section 458.4(b), they could 
rely on mailings made by their subordinate locals. The approximately 
2,199 local unions would be subject to an annualized average maximum 
cost of $60.11. Finally, unions that maintain a Web site would be 
required to create a hyperlink to Union Member Rights and Officer 
Responsibilities under the Civil Service Reform Act or the union's own 
notice. The Department has no data on the number of unions that 
maintain a Web site. In addition to the 2,199 local unions, the Office 
of Personnel Management reports 80 national and international unions 
and associations that have, directly or through local units, exclusive 
recognition with departments and agencies of the Executive Branch. Thus 
it is theoretically possible that 2,279 unions would be required to 
create such a link. Assuming that the median annual salary of a 
webmaster is $80,000 and the creation of a link would take 15 minutes, 
the one-time labor cost of this requirement would be $22,790, or $10 
per union.
    Prior to issuing this proposal, the Department sought the 
involvement of those individuals and organizations that will be 
affected by the Proposed Rule, including officers and members of labor 
organizations that would be subject to the rule.

Small Business Regulatory Enforcement Fairness Act

    The Department has concluded that this Proposed Rule is not a 
``major'' rule under the Small Business Regulatory Enforcement Fairness 
Act of 1996 (5 U.S.C. 801, et seq.). It will not likely result in (1) 
an annual effect on the economy of $100 million or more; (2) a major 
increase in costs or prices for consumers, individual industries, 
Federal, State or local government agencies, or geographic regions; or 
(3) significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic or 
export markets.

Executive Order 13132: Federalism

    The Department has reviewed this Proposed Rule in accordance with 
Executive Order 13132, regarding federalism, and has determined that 
the Rule does not have ``federalism implications.'' The economic 
effects of the rule are not substantial, and it has no ``direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government.''

Regulatory Flexibility Act

    The Proposed Rule would not have a significant economic impact on a 
substantial number of small business entities. The Proposed Rule will 
have only an insignificant impact on any covered labor organization. 
The Secretary has certified to the Chief Counsel for Advocacy of the 
Small Business Administration that the rule has no substantial impact 
on any small business entity and, therefore, a regulatory flexibility 
analysis is not required.

Unfunded Mandates Reform

    For purposes of the Unfunded Mandates Reform Act of 1995, this rule 
does not include a Federal mandate that might result in increased 
expenditures by State, local, and tribal governments, or increased 
expenditures by the private sector of more than $100 million in any one 
year.

Paperwork Reduction Act

    The Proposed Rule would impose certain minimal burdens associated 
with informing members of their rights. As noted in proposed section 
458.4, a labor organization may satisfy its obligation by either using 
language supplied by the Department or devising its own language as 
long as the notice accurately states all of the CSRA standards of 
conduct provisions. Under the regulations implementing the Paperwork 
Reduction Act, ``[t]he public disclosure of information originally 
supplied by the Federal government to [a] recipient for the purpose of 
disclosure to the public'' is not considered a ``collection of 
information'' under the Act. 5 CFR 1320.3(c)(2). Therefore, the notice 
is not subject to the Paperwork Reduction Act.

Executive Order 12988: Civil Justice Reform

    This Proposed Rule has been drafted and reviewed in accordance with 
Executive Order 12988, Civil Justice Reform, and will not unduly burden 
the Federal court system. The Proposed Rule has been written so as to 
minimize litigation and provide a clear legal standard for affected 
conduct, and has been reviewed carefully to eliminate drafting errors 
and ambiguities. The proposal specifies clearly the effect of the rule 
on existing rules and the provisions affected.

Executive Order 13084: Consultation and Coordination With Indian Tribal 
Governments

    The Department certifies that this Proposed Rule does not impose 
substantial direct compliance costs on Indian tribal governments.

Executive Order 12630: Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This Proposed Rule is not subject to Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, because it does not interfere with private property 
rights protected under the Fifth Amendment of the Constitution.

Request for Comments

    The Department invites comments about the NPRM from interested 
parties, including labor organizations, union members, public interest 
groups, and the public. In particular, the Department invites comments 
that address the following questions:
    <bullet> Are all union member democratic rights stated with 
accuracy and clarity in the Department of Labor's publication Union 
Member Rights and Officer Responsibilities under the Civil Service 
Reform Act? If not, what specific changes to the language would improve 
its accuracy or clarity?
    <bullet> In what manner and frequency are members now apprised of 
their rights as union members?
    <bullet> To adequately apprise new members of their rights as union 
members is there an adequate alternative to requiring each union to 
provide a full written statement of rights to each individual at the 
time he or she joins the union?
    <bullet> To adequately apprise existing members of their rights as 
union members is there an adequate alternative to requiring each union 
to provide a full written statement of rights to each member within a 
reasonable time after the rule, if promulgated, takes effect? What 
would constitute a reasonable amount of time to allow unions to 
accomplish such notification?
    <bullet> To adequately apprise existing members of their rights as 
union members, is there an adequate alternative to requiring each union 
to provide a full written statement of rights to each member at 
periodic intervals?

[[Page 64230]]

    <bullet> Would a union adequately apprise members of their rights 
as union members by providing such notice to members at three-year 
intervals, or should the intervals be of greater or lesser duration?
    <bullet> Would the inclusion of a statement of members' rights in 
the union's required notice of nominations and election of officers be 
adequate alone to inform members about their rights?
    <bullet> Where an intermediate or national labor organization holds 
its required elections every four or five years, would periodic 
notification at these intervals suffice?
    <bullet> Would a posting, either permanent or periodic, at a 
union's offices and on agency bulletin boards to which the union has 
access by virtue of its status as bargaining representative adequately 
apprise members of their rights as union members?
    <bullet> Would the purposes of the proposed rule be served in whole 
or in part by requiring the inclusion of a statement of members' rights 
as an appendix to the union's constitution or bylaws?
    <bullet> Should the inclusion of a statement of members' rights as 
an appendix to the union's constitution or bylaws and proof that each 
member has received a copy of the constitution and appendix fully 
satisfy a labor organization's obligations, i.e., provide a ``safe 
harbor'' for labor organizations?
    <bullet> How are copies of union constitutions now made available 
to members, e.g., as a handout or mailing at the inception of 
membership, upon request, by publication in the union's newsletter or 
Web site?
    <bullet> Should notification by e-mail be considered an acceptable 
means of apprising union members of their rights where a member has 
provided an e-mail address to receive communications from the union or 
the union is permitted to utilize agency e-mail systems for similar 
communications with members?
    <bullet> How prevalent is the use of Web sites, e-mail, or both, 
for intra-union communication by local, intermediate, and national 
units of unions representing federal employees and their members?
    <bullet> Should enforcement of violations of the Proposed Rule be 
vested in individual members or OLMS?

Clarity of this Regulation

    Executive Order 12988 and the President's Memorandum of June 1, 
1998, require each Federal agency to write all rules in plain language. 
The department invites comments on how to make this Proposed Rule 
easier to understand. For example:

--Have we organized the material to suit your needs?
--Are the requirements in the Rule clearly stated?
--Does the Rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of 
headings, paragraphing) make the Rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the Rule easier to understand?

List of Subjects in 29 CFR Part 458

    Administrative practice and procedure, Labor unions, Democratic 
rights of labor organization members, Reporting and Recordkeeping 
Requirements, Standards of conduct for labor organizations.

Text of Proposed Rule

    Accordingly, the Department proposes to amend 29 CFR chapter IV by 
adding a new Sec. 458.4, as set forth below.

PART 458--STANDARDS OF CONDUCT

    1. The authority citation of part 458 is revised to read as 
follows:

    Authority: 5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107, 
4111, 4117; 2 U.S.C. 1351(a)(1); Secretary's Order No. 4-2001, 66 FR 
29656, May 31, 2001.

    2. A new Sec.  458.4 is added directly following Sec. 458.3 to read 
as follows:


Sec.  458.4  Informing members of the standards of conduct provisions.

    (a) Every labor organization subject to the requirements of the 
CSRA, the FSA, or the CAA shall inform its members concerning the 
standards of conduct provisions of the Acts and the regulations in this 
subchapter. Labor organizations shall provide such notice to members at 
the time they join and to all members at least once every three years. 
Such notice may be included with the required notice of local union 
elections or may be disseminated by other methods the organization may 
choose as long as it is reasonably calculated to reach all members.
    (b) A labor organization may demonstrate compliance with the 
requirements of paragraph (a) of this section by showing that another 
labor organization provided an appropriate notice to all of its members 
during the necessary time frame.
    (c) Labor organizations may use the language in the Department of 
Labor publication Union Member Rights and Officer Responsibilities 
under the Civil Service Reform Act (available on the OLMS Web site at 
http://www.olms.dol.gov) or may devise their own language as long as 
the notice accurately states all of the CSRA standards of conduct 
provisions.
    (d) If a labor organization has a Web site, its site must contain a 
hyperlink to Union Member Rights and Officer Responsibilities under the 
Civil Service Reform Act or, alternatively, the labor organization's 
own notice as long as the notice accurately states all of the CSRA 
standards of conduct provisions.

    Signed at Washington, DC, this 27th day of October, 2004.
Victoria A. Lipnic,
Assistant Secretary for Employment Standards.
Don Todd,
Deputy Assistant Secretary for Labor-Management Programs.

    Note: The following attachment will not appear in the Code of 
Federal Regulations.

BILLING CODE 4510-CP-P

[[Page 64231]]

[GRAPHIC] [TIFF OMITTED] TP03NO04.057

[FR Doc. 04-24451 Filed 11-2-04; 8:45 am]
BILLING CODE 4510-CP-C


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