6090 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Rules and Regulations

DEPARTMENT OF LABOR

Office of Labor-Management

Standards,

29 CFR Parts 215, 220, 401, 402, 403,

404, 405, 406, 408, 409, 417, 451, 452,

453, 457, 458, 459

RIN 1215–AB16

Technical Amendments of Rules

Relating to Labor-Management

Programs, Labor-Management

Standards, and Standards of Conduct

for Federal Sector Labor Organizations

AGENCY: Office of Labor-Management

Standards, Employment Standards

Administration, Labor.

ACTION: Final Rule.

SUMMARY: This document makes a

number of technical amendments to

Chapters II and IV of the Department of

Labor’s regulations. These amendments

are necessary because of a

reorganization within the Department

and the enactment of the Congressional

Accountability Act of 1995. This

document also makes several other

technical amendments and corrections.

EFFECTIVE DATE: February 10, 1997.

FOR FURTHER INFORMATION CONTACT: Kay

H. Oshel, Chief, Division of

Interpretations and Standards, Office of

Labor-Management Standards,

Employment Standards Administration,

U.S. Department of Labor, Room N–

5605, Washington, D.C. 20210, (202)

219–7373 (this is not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Secretary’s Order No. 5–96 (62 FR 107,

January 2, 1997) delegated authority and

assigned responsibilities to the Assistant

Secretary for Employment Standards,

head of the Employment Standards

Administration (ESA), which had been

previously delegated and assigned to the

Assistant Secretary for the American

Workplace, head of the Office of the

American Workplace (OAW). OAW and

the position of Assistant Secretary for

the American Workplace have been

abolished. The Office of LaborManagement Standards (OLMS), which

had been a unit within OAW, is now a

unit within ESA. The Office of LaborManagement Programs, which had also

been a unit within OAW, has been

abolished and the statutory programs for

which it had authority and

responsibilities have been delegated and

assigned to OLMS.

In addition, section 220(a)(1) of the

Congressional Accountability Act

(CAA), 2 U.S.C. 1351(a), and part 2428

of the implementing regulations, 142

Cong. R. S12062 (daily ed., October 1,

1996), 142 Cong. R. H10369 (daily ed.,

September 12, 1996), grant the

Department jurisdiction over labor

organizations covered by the CAA in

implementing the standards of conduct

provisions of the Civil Service Reform

Act of 1980, 5 U.S.C. 7120. Secretary’s

Order 5–96 (62 FR 107, January 2, 1997)

also assigned this jurisdiction to the

Assistant Secretary for Employment

Standards.

Consequently, the authority and

responsibilities of the Assistant

Secretary for Employment Standards

now include the functions to be

performed by the Secretary of Labor

under (1) the employee protection

provisions of the Federal Transit Law,

49 U.S.C. 5333(b) and related

provisions, (2) section 43(d) of the

Airline Deregulation Act of 1978,

repealed and reenacted at 49 U.S.C.

42101–42103, (3) section 405(a), (b), (c),

and (e) of the Rail Passenger Service Act

of 1970, 45 U.S.C. 565(a), (b), (c), and

(e), (4) the Labor-Management Reporting

and Disclosure Act of 1959, as amended

(LMRDA), 29 U.S.C. 401 et seq.; (5)

section 1209 of the Postal

Reorganization Act of 1970, 39 U.S.C.

1209; (6) the provisions relating to

standards of conduct for federal sector

labor organizations in the Civil Service

Reform Act of 1978, 5 U.S.C. 7120, and

the Foreign Service Act of 1980, 22

U.S.C. 4117, and (7) section 220(a)(1) of

the Congressional Accountability Act of

1995, 2 U.S.C. 1351(a)(1), Public Law

No. 104–1, 109 Stat. 3.

As a result of this reorganization and

the enactment of the CAA, a number of

technical amendments to the regulations

are necessary. First, the heading for

chapter II of title 29 of the Code of

Federal Regulations (CFR) is changed

from ‘‘Office of Labor-Management

Programs, Department of Labor’’ to

‘‘Office of Labor-Management

Standards, Department of Labor.’’

Second, the authority citation for each

part in chapters II and IV of title 29 of

the Code of Federal Regulations is

amended to replace ‘‘Secretary’s Order

No. 2–93 (58 FR 42578)’’ with

‘‘Secretary’s Order No. 5–96 (62 FR 107,

January 2, 1997).’’ Third, the definition

of ‘‘Assistant Secretary’’ is changed from

‘‘Assistant Secretary for the American

Workplace’’ to ‘‘Assistant Secretary for

Employment Standards.’’ Fourth, the

definition of ‘‘Office’’ is revised to

indicate that the Office of LaborManagement Standards is part of the

Employment Standards Administration.

Finally, a reference to the CAA is added

to the authority citations for parts 457–

459, which implement the CSRA

provisions on standards of conduct for

federal sector labor organizations, and

references and pertinent definitions

relating to the CAA are added in

appropriate sections of parts 457–459

and in section 451.3(a)(4).

Several additional technical

amendments are made to the regulations

because of a reorganization within

OLMS. First, the position of Director,

Office of Elections, Trusteeships, and

International Union Audits has been

abolished. The duties previously

assigned to the Director in the

regulations are now assigned to the

Chief of the Division of Enforcement

(DOE) within OLMS. Second, the duties

previously assigned to Regional

Directors in the regulations are now

assigned to District Directors.

Accordingly, the definitions of

‘‘Director’’ and ‘‘Regional Director’’ have

been replaced with definitions of

‘‘Chief, DOE’’ and ‘‘District Director,’’

respectively. Similarly, references to the

‘‘Director’’ and ‘‘Regional Directors’’

have been replaced with references to

‘‘Chief, DOE’’ and ‘‘District Directors,’’

respectively.

Two other technical amendments are

made in part 220 to reflect an earlier

reorganization within the Department

by removing references to the Bureau of

Labor-Management Relations and

Cooperative Programs, an entity which

had previously been abolished. Another

two technical amendments are made to

indicate the citation of final rules which

established the current reporting forms

for labor organization annual financial

reports.

Finally, two technical corrections are

being made in order for the regulations

to conform with prior regulatory

amendments. These corrections should

have been made at the time the earlier

rules were proposed and issued in final,

but were inadvertently omitted from

those rules.

First, the regulations are amended at

sections 402.5, 403.4(b)(5), and 403.5 to

permit a labor organization, which is

eligible to file the annual financial

report required by the LMRDA on

simplified reporting Form LM–4, to also

file its terminal report on Form LM–4.

Form LM–4, which may be used by very

small labor organizations with receipts

less than $10,000, is a new form that

was first promulgated in a final rule

published in the Federal Register on

October 30, 1992, 57 FR 49290, and was

revised in a final rule published in the

Federal Register on December 21, 1993,

58 FR 67594. The other annual financial

reporting forms are Form LM–3, which

may be used by labor organizations with

up to $200,000 in annual receipts, and

Form LM–2, which may be used by any

labor organization.
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Rules and Regulations 6091

The regulations currently allow a

labor organization which is eligible to

file its annual financial report on

simplified Form LM–3 to also file its

terminal report on that form. Thus, prior

to the promulgation of Form LM–4, the

regulations permitted a labor

organization which was eligible to file a

simplified annual financial report to

also file its terminal report on that

simplified reporting form. However, the

final rules which promulgated and

revised Form LM–4 inadvertently

neglected to amend other provisions in

the regulations to allow a labor

organization eligible to use Form LM–4

for its annual financial report to also use

Form LM–4 for its terminal report. The

technical correction in this rule

allowing very small labor organizations

to file a terminal financial report on

Form LM–4 will correct that inadvertent

omission.

Second, the regulations implementing

the standards of conduct for federal

sector unions are amended at section

458.30 by deleting the last sentence.

Section 458.30, which generally follows

LMRDA section 401(h), 29 U.S.C.

481(h), currently provides that when a

local union officer is charged with

serious misconduct and the union does

not have an adequate procedure for

removing that officer, the union must

follow an adequate procedure which is

defined in the regulations implementing

LMRDA section 401(h). The last

sentence of the current section 458.30

further provides that a local union

which does have an adequate officer

removal procedure in its constitution

and bylaws must follow that procedure.

The requirement set forth in this last

sentence of section 458.30 follows the

Department’s former interpretation of

the LMRDA which had been set forth in

the regulations implementing LMRDA

section 401(h) at subpart B of 29 CFR

part 417. However, after an appellate

court rejected this interpretation of the

LMRDA, the Department amended

subpart B of 29 CFR part 417 to

eliminate the provision requiring a

union to follow the adequate officer

removal procedure in its constitution

and bylaws. That final rule was

published in the Federal Register on

December 21, 1994, 59 FR 65714.

Under the standards of conduct

provisions of the Civil Service Reform

Act and the Foreign Service Act at 5

U.S.C. 7120(d) and 22 U.S.C. 4117(d),

respectively, and the implementing

regulations at 29 CFR 458.1, the

standards of conduct regulations are to

conform to the requirements of the

LMRDA and court decisions issued

thereunder. However, the final rule of

December 21, 1994 inadvertently

neglected to amend the standards of

conduct regulations to conform to the

amendment which was made to the

LMRDA regulations pursuant to a court

decision. The technical correction made

in this rule will correct that inadvertent

omission by deleting the last sentence of

section 458.30.

This rule also corrects a typographical

error in section 458.30 by changing the

cross-reference to the LMRDA

regulations from the incorrect

‘‘§ 417.2(e)’’ to the correct ‘‘§ 417.2(b).’’

Publication in Final

The undersigned has determined that

this rulemaking need not be published

as a proposed rule, as generally required

by the Administrative Procedure Act

(APA), 5 U.S.C. 553. The portion of this

rulemaking that reflects agency

organization, procedure, and practice is

exempt under section 553(b)(A) of the

APA. For the portion of this rulemaking

that makes amendments required by

statute and technical amendments and

corrections, there is good cause for

finding that notice and public procedure

is unnecessary and contrary to the

public interest, pursuant to section

553(b)(B) of the APA.

Effective Date

The undersigned has determined that

good cause exists for waiving the

customary requirement for delay in the

effective date of a final rule for 30 days

following its publication since this rule

is technical and nonsubstantive, merely

reflects agency organization, practice,

and procedure, and makes amendments

required by statute and technical

amendments and corrections. Therefore,

these amendments shall be effective

upon publication. See 5 U.S.C. 553(d).

Administrative Requirements

A. Executive Order 12866

The Department of Labor has

determined that this rule is not a

significant regulatory action as defined

in section 3(f) of Executive Order 12866

in that it will not (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 arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

B. Regulatory Flexibility Act

Because a notice of proposed

rulemaking is not required for this rule

under 5 U.S.C. 553(b), the requirements

of the Regulatory Flexibility Act, 5

U.S.C. 601 et seq., pertaining to

regulatory flexibility analysis do not

apply. See 5 U.S.C. 601(2). Therefore, a

regulatory flexibility analysis is not

required.

C. Paperwork Reduction Act

This rule contains no additional

information collection requirements.

The information collection requirements

in the regulations to which this rule

makes technical amendments have been

approved by the Office of Management

and Budget (OMB control number 1215–

0188).

D. Small Business Regulatory

Enforcement Fairness Act

The Department has determined that

this final rule is not a ‘‘major rule’’

requiring prior approval by the Congress

and the President pursuant to the Small

Business Regulatory Enforcement

Fairness Act of 1996 (5 U.S.C. 804),

because it is not likely to 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 the ability of United

States-based enterprises to compete

with foreign-based enterprises in

domestic and export markets.

Further, since the Department has

determined, for good cause, that

publication of a proposed rule and

solicitation of comments on this rule is

not necessary, under 5 U.S.C. 808(2),

this final rule is effective immediately

upon publication as stated previously in

this notice.

E. Unfunded Mandates Reform Act

For purposes of Section 2 of the

Unfunded Mandates Reform Act of

1995, 2 U.S.C. 1532, as well as

Executive Order 12875 (58 FR 58093,

October 28, 1993), this rule does not

include any federal mandate that may

result in increased expenditures by

State, local and tribal governments, or

increased expenditures by the private

sector of more than $100 million.
6092 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Rules and Regulations

List of Subjects

29 CFR Part 215

Grant administration; Grants—

transportation; Labor-management

relations; Labor unions; Mass

transportation.

29 CFR Part 220

Labor, Airline employees, Air carriers.

29 CFR Parts 401, 417, 451, and 452

Labor unions.

29 CFR Parts 402, 403, 404, and 408

Labor unions, Reporting and

recordkeeping requirements.

29 CFR 405 and 406

Labor-management relations,

Reporting and recordkeeping

requirements.

29 CFR 409

Insurance companies, Reporting and

recordkeeping requirements.

29 CFR Part 453

Labor unions, Surety bonds.

29 CFR Parts 457, 458, and 459

Labor unions, Reporting and

recordkeeping requirements,

Administrative practice and procedure.

Adoption of Amendments of

Regulations

In consideration of the foregoing, the

Office of Labor-Management Standards,

Employment Standards Administration,

Department of Labor hereby amends

Chapters II and IV of title 29 of the Code

of Federal Regulations as set forth

below.

CHAPTER II—OFFICE OF LABORMANAGEMENT STANDARDS,

DEPARTMENT OF LABOR

1. The heading of Chapter II is revised

to read ‘‘Office of Labor-Management

Standards, Department of Labor.’’

PART 215—GUIDELINES, SECTION

5333(b), FEDERAL TRANSIT LAW

2. The authority citation for part 215

is revised to read as follows:

Authority: Secretary’s Order No. 5–96, 62

FR 107, January 2, 1997.

PART 220—AIRLINE EMPLOYEE

PROTECTION PROGRAM

3. The authority citation for part 220

is revised to read as follows:

Authority: Section 43(f) of the Airline

Deregulation Act of 1978, Pub. L. No. 95–504,

92 Stat. 1750–1753 (49 U.S.C. 1552);

Secretary’s Order No. 1–79, 44 FR 13093;

Secretary’s Order No. 5–96 62 FR 107,

January 2, 1997.

§ 220.04 [Amended]

4. Section 220.04 is amended by

removing the words ‘‘Deputy Under

Secretary for Labor-Management

Relations and Cooperative Programs,

Bureau of Labor-Management Relations

and Cooperative Programs (BLMRCP)’’

from the introductory text and adding in

their place the words ‘‘Assistant

Secretary for Employment Standards.’’

§ 220.26 [Amended]

5. Section 220.26(c) is amended by

removing the words ‘‘Bureau of LaborManagement Relations and Cooperative

Programs, room N–5416’’ and adding in

their place the words ‘‘Division of

Statutory Programs, Office of LaborManagement Standards.’’

CHAPTER IV—OFFICE OF LABORMANAGEMENT STANDARDS,

DEPARTMENT OF LABOR

PART 401—MEANING OF TERMS

USED IN THIS SUBCHAPTER

6–7. The authority citation for part

401 is revised to read as follows:

Authority: Secs. 3, 208, 301, 401, 402, 73

Stat. 520, 529, 530, 532, 534 (29 U.S.C. 402,

438, 461, 481, 482); Secretary’s Order No. 5–

96, 62 FR 107, January 2, 1997; § 401.4 also

issued under sec. 320 of Title III of the

Bankruptcy Reform Act of 1978, Pub. L. 95–

598, 92 Stat. 2678.

8. Section 401.18 is revised to read as

follows:

§ 401.18 Office.

Office means the Office of LaborManagement Standards, Employment

Standards Administration, United States

Department of Labor.

9. Section 401.19 is revised to read as

follows:

§ 401.19 Assistant Secretary.

Assistant Secretary means the

Assistant Secretary of Labor for

Employment Standards, head of the

Employment Standards Administration.

PART 402—LABOR ORGANIZATION

INFORMATION REPORTS

10. The authority citation for part 402

is revised to read as follows:

Authority: Secs. 201, 207, 208, 73 Stat.

524, 529 (29 U.S.C. 431, 437, 438);

Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.

11. Section 402.5 is amended by

adding a new paragraph (c) to read as

follows:

§ 402.5 Terminal reports.

* * * * *

(c) Labor organizations which qualify

to use Form LM–4, the Labor

Organization Annual Report, pursuant

to §§ 403.4 and 403.5 of this chapter

may file the terminal report called for in

this section on Form LM–4. The report

must be signed by the president and

treasurer, or corresponding principal

officers, of the labor organization.

PART 403—LABOR ORGANIZATION

ANNUAL FINANCIAL REPORTS

12. The authority citation for part 403

is revised to read as follows:

Authority: Secs. 201, 207, 208, 301, 73

Stat. 524, 529, 530 (29 U.S.C. 431, 437, 438,

461); Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.

13. Section 403.3 is amended by

adding a note at the end of the text to

read as follows:

§ 403.3 Form of annual financial report—

detailed report.

* * * * *

Note: Form LM–2 was revised at 58 FR

67594, December 21, 1993.

§ 403.4 [Amended]

14. Section 403.4(b)(5) is amended by

adding the words ‘‘or LM–4, as may be

appropriate,’’ after the words ‘‘on Form

LM–3’’.

15. Section 403.4 is further amended

by adding a note at the end of the text

to read as follows:

§ 403.4 Simplified annual reports for

smaller labor organizations.

* * * * *

Note: Forms LM–3 and LM–4 were revised

at 58 FR 67594, December 21, 1993.

§ 403.5 [Amended]

16. Section 403.5(a) is amended by

removing the words ‘‘on Form LM–2 or

Form LM–3’’ and adding the words ‘‘on

Form LM–2, LM–3, or LM–4,’’ in their

place.

PART 404—LABOR ORGANIZATION

OFFICER AND EMPLOYEE REPORTS

17. The authority citation for part 404

is revised to read as follows:

Authority: Secs. 202, 207, 208, 73 Stat.

525, 529 (29 U.S.C. 432, 437, 438);

Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.

PART 405—EMPLOYER REPORTS

18. The authority citation for part 405

is revised to read as follows:

Authority: Secs. 203, 207, 208, 73 Stat.

526, 529 (29 U.S.C. 433, 437, 438);

Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Rules and Regulations 6093

PART 406—REPORTING BY LABOR

RELATIONS CONSULTANTS AND

OTHER PERSONS, CERTAIN

AGREEMENTS WITH EMPLOYERS

19. The authority citation for part 406

is revised to read as follows:

Authority: Secs. 203, 207, 208, 73 Stat.

526, 529 (29 U.S.C. 433, 437, 438);

Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.

PART 408—LABOR ORGANIZATION

TRUSTEESHIP REPORTS

20. The authority citation for part 408

is revised to read as follows:

Authority: Secs. 201, 207, 208, 301, 73

Stat. 524, 529, 530 (29 U.S.C. 431, 437, 438,

461); Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.

PART 409—REPORTS BY SURETY

COMPANIES

21. The authority citation for part 409

is revised to read as follows:

Authority: Secs. 207, 208, 211; 79 Stat.

888; 88 Stat. 852 (29 U.S.C. 437, 438, 441);

Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.

PART 417—PROCEDURE FOR

REMOVAL OF LOCAL LABOR

ORGANIZATION OFFICERS

22. The authority citation for part 417

is revised to read as follows:

Authority: Secs. 401, 402, 73 Stat. 533, 534

(29 U.S.C. 481, 482); Secretary’s Order No. 5–

96, 62 FR 107, January 2, 1997.

23. In § 417.2, paragraph (a) is revised

to read as follows:

§ 417.2 Definitions.

(a) Chief, DOE means the Chief of the

Division of Enforcement within the

Office of Labor-Management Standards.

* * * * *

§§ 417.4, 417.16 [Amended]

24. Part 417 is amended by removing

the word ‘‘Director’’ and adding, in its

place, the term ‘‘Chief, DOE’’ in the

following places:

(a) Section 417.4(a);

(b) Section 417.4(b) in three places;

and

(c) Section 417.16(a) in two places.

PART 451—LABOR ORGANIZATIONS

AS DEFINED IN THE LABORMANAGEMENT REPORTING AND

DISCLOSURE ACT OF 1959

25. The authority citation for part 451

is revised to read as follows:

Authority: Secs. 3, 208, 401, 73 Stat. 520,

529, 532 (29 U.S.C. 402, 438, 481);

Secretary’s Order No. 5–96, 62 FR 107,

January 2, 1997.

§ 451.3 [Amended]

26. Section 451.3(a)(4) is amended by

adding a new sentence in the

parenthetical statement, after the

sentence which ends with the words ‘‘5

U.S.C. 7120 and 22 U.S.C. 4117,

respectively,’’ to read as follows: ‘‘In

addition, labor organizations subject to

the Congressional Accountability Act of

1995 are subject to the standards of

conduct provisions of the Civil Service

Reform Act pursuant to 2 U.S.C.

1351(a)(1).’’

PART 452—GENERAL STATEMENT

CONCERNING THE ELECTION

PROVISIONS OF THE LABORMANAGEMENT REPORTING AND

DISCLOSURE ACT OF 1959

27. The authority citation for part 452

is revised to read as follows:

Authority: Secs. 401, 402, 73 Stat. 532, 534

(29 U.S.C. 481, 482); Secretary’s Order No. 5–

96, 62 FR 107, January 2, 1997.

PART 453—GENERAL STATEMENT

CONCERNING THE BONDING

REQUIREMENTS OF THE LABORMANAGEMENT REPORTING AND

DISCLOSURE ACT OF 1959

28. The authority citation for part 453

is revised to read as follows:

Authority: Sec. 502, 73 Stat. 536; 79 Stat.

888 (29 U.S.C. 502); Secretary’s Order No. 5–

96, 62 FR 107, January 2, 1997.

PART 457—GENERAL

29. The authority citation for part 457

is revised to read as follows:

Authority: 5 U.S.C. 7120, 7134; 22 U.S.C.

4117; 2 U.S.C. 1351(a)(1); Secretary’s Order

No. 5–96, 62 FR 107, January 2, 1997.

30. A new footnote is added at the

end of § 457.1 to read as follows:

§ 457.1 Purpose and scope.

* * * * * 1Pursuant to section 220(a)(1) of the

Congressional Accountability Act of 1995, 2

U.S.C. 1351(a)(1), labor organizations covered

by that statute are subject to the standards of

conduct provisions of the Civil Service

Reform Act, 5 U.S.C. 7120, and are therefore

subject to the regulations in this subchapter.

Regulations implementing the Congressional

Accountability Act were issued at 142 Cong.

R. S12062 (daily ed., October 1, 1996) and

142 Cong. R. H10369 (Daily ed., September

12, 1996).

31. Section 457.10 is revised to read

as follows:

§ 457.10 CSRA; FSA; CAA; LMRDA.

CSRA means the Civil Service Reform

Act of 1978; FSA means the Foreign

Service Act of 1980; CAA means the

Congressional Accountability Act of

1995; LMRDA means the LaborManagement Reporting and Disclosure

Act of 1959, as amended.

32. Section 457.11 is revised to read

as follows:

§ 457.11 Agency, employee, labor

organization, dues, Department, activity,

employing office.

Agency, employee, labor organization,

and dues, when used in connection

with the CSRA, have the meanings set

forth in 5 U.S.C. 7103. Employee, labor

organization, and dues, when used in

connection with the FSA, have the

meanings set forth in 22 U.S.C. 4102;

Department, when used in connection

with the FSA, means the Department of

State, except that with reference to the

exercise of functions under the FSA

with respect to another agency

authorized to utilize the Foreign Service

personnel system, such term means that

other agency. Covered employee,

employee, employing office, and agency,

when used in connection with the CAA,

have the meanings set forth in 2 U.S.C.

1301 and 1351(a)(2). Activity means any

facility, organizational entity, or

geographical subdivision or

combination thereof of any agency or

employing office.

33. Section 457.12 is revised to read

as follows:

§ 457.12 Authority; Board.

Authority means the Federal Labor

Relations Authority as described in the

CSRA, 5 U.S.C. 7104 and 7105. Board,

when used in connection with the FSA,

means the Foreign Service Labor

Relations Board as described in the

FSA, 22 U.S.C. 4106(a). ‘‘Board,’’ when

used in connection with the CAA,

means the Board of Directors of the

Office of Compliance as described in 2

U.S.C. 1301 and 1381(b).

34. Section 457.13 and its footnote are

revised to read as follows:

§ 457.13 Assistant Secretary.

Assistant Secretary means the

Assistant Secretary of Labor for

Employment Standards, head of the

Employment Standards

Administration.2

2Pursuant to Secretary of Labor’s Order

No. 5–96 (62 FR 107, January 2, 1997), the

Assistant Secretary for Employment

Standards has the responsibility and

authority for implementing the standards of

conduct provisions of the CSRA and the FSA.

35. Section 457.14 is revised to read

as follows:

§ 457.14 Standards of conduct for labor

organizations.

Standards of conduct for labor

organizations shall have the meaning as

set forth in the CSRA, 5 U.S.C. 7120,

and the FSA, 22 U.S.C. 4117, and as
6094 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Rules and Regulations

amplified in part 458 of this subchapter.

The standards of conduct provisions of

the CSRA and the regulations in this

subchapter are applicable to labor

organizations covered by the CAA

pursuant to 2 U.S.C. 1351(a)(1).

36. Section 457.15 is revised to read

as follows:

§ 457.15 District Director.

District Director means the Director of

a district office within the Office of

Labor-Management Standards.

37. Section 457.16 is revised to read

as follows:

§ 457.16 Chief, DOE.

Chief, DOE means the Chief of the

Division of Enforcement within the

Office of Labor-Management Standards.

PART 458—STANDARDS OF

CONDUCT

38. The authority citation for 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. 5–96 62 FR

107, January 2, 1997.

39. Section 458.30 is revised to read

as follows:

§ 458.30 Removal of elected officers.

When an elected officer of a local

labor organization is charged with

serious misconduct and the constitution

and bylaws of such organization do not

provide an adequate procedure meeting

the standards of § 417.2(b) of this

chapter for removal of such officer, the

labor organization shall follow a

procedure which meets those standards.

§§ 458.50, 458.51, 458.52, 458.56, 458.57,

458.59, 458.60, 458.61, 458.64, 458.66,

458.67, 458.79 [Amended]

40. In 29 CFR part 458, remove the

words ‘‘Regional Director’’ and add, in

their place, the words ‘‘District

Director’’ in the following places:

(a) Section 458.50(b);

(b) Section 458.51;

(c) Section 458.52;

(d) Section 458.56;

(e) Section 458.57;

(f) Section 458.58;

(g) Section 458.59;

(h) Section 458.60;

(i) Section 458.61;

(j) Section 458.64(a);

(k) Section 458.66(b) in two places;

(l) Section 458.66(c) in three places;

(m) Section 458.67 introductory text;

and

(n) Section 458.79.

§§ 458.50, 458.51, 458.52, 458.64, 458.65,

458.66, 458.67, 458.79 [Amended]

41. In 29 CFR part 458, remove the

word ‘‘Director’’ and add, in its place,

the term ‘‘Chief, DOE’’ in the following

places:

(a) Section 458.50(a);

(b) Section 458.51;

(c) Section 458.52;

(d) Section 458.64(b);

(e) Section 458.64(c)

(f) Section 458.65(a)

(g) Section 458.65(c)

(h) Section 458.66(a) in two places;

(i) Section 458.66(c) in three places;

(j) Section 458.67 in two places; and

(k) Section 458.79.

42. Section 458.92 is revised to read

as follows:

§ 458.92 Compliance with decisions and

orders of the Assistant Secretary.

When remedial action is ordered, the

respondent shall report to the Assistant

Secretary, within a specified period,

that the required remedial action has

been effected. When the Assistant

Secretary finds that the required

remedial action has not been effected,

he shall refer the matter for appropriate

action to the Federal Labor Relations

Authority (in the case of labor

organizations covered by the CSRA), the

Foreign Service Labor Relations Board

(in the case of labor organizations

covered by the FSA), or the Board of

Directors of the Office of Compliance (in

the case of labor organizations covered

by the Congressional Accountability

Act).

PART 459—MISCELLANEOUS

43. The authority citation for part 459

is revised to read as follows:

Authority: 5 U.S.C. 7120, 7134; 22 U.S.C.

4117; 2 U.S.C. 1351(a)(1); Secretary’s Order

No. 5–96, 62 FR 107, January 2, 1997.

Signed in Washington, D.C. this 31st day

of January, 1997.

Bernard E. Anderson,

Assistant Secretary for Employment

Standards.

[FR Doc. 97–3096 Filed 2–7–97; 8:45 am]

BILLING CODE 4510–86–P