MEMORANDUM OF UNDERSTANDING
BETWEEN THE DEPARTMENTS OF JUSTICE AND LABOR
RELATING TO THE INVESTIGATION AND PROSECUTION
OF CRIMES AND CIVIL ENFORCEMENT ACTIONS
UNDER THE LABOR-MANAGEMENT REPORTING
AND DISCLOSURE ACT OF 1959 (P.L. 86-257)

Whereas, the Labor-Management Reporting and Disclosure Act of 1959 (Public
Law 86-257; 73 Stat. 519) imposes certain duties and responsibilities upon the Attorney
General and Secretary of Labor with regard to prosecution of crimes arising under the
Act and civil enforcement actions under the Act; and

Whereas, that Act, in secfion 601, imposes upon the Secretary of Labor the
responsibility for conducting investigations of persons who have violated, or are about to
violate, any provision of the Act (except Title I, or amendments made by this Act to other
statutes); and

Whereas, that Act, in section 607, provides that the Secretary of Labor may make
interagency agreements to avoid unnecessary expense and duplication of functions
among Government agencies and ensure cooperation and mutual assistance in the
performance of functions under the Act; and

Whereas, it is desirable and essential that areas of responsibility and procedures in
connection with any investigations, prosecutions of offenses and civil enforcement
actions arising under the Act should be the subject of formal agreement between the
Departments;

It is hereby agreed and understood between the Department of Justice and the
Department of Labor as follows:

1. Criminal Prosecutions. All cases involving violation of the criminal provisions
of the Act will be prosecuted by the Department of Justice. Those cases investigated by
the Department of Labor, hereinafter detailed, will be referred to the appropriate United
States Attorney’s office(s) where the criminal violation(s) occurred or to the Criminal
Division, Department of Justice, as provided in section 607.

2. Investigations of Matters Made Criminal by the Act. Subject to specific
arrangements agreed upon by the Department of Justice and the Department of Labor on
a case by case basis, investigations under the Act will be conducted as follows:

(a) The Department of Labor will through its own staff investigate those criminal
matters arising under:

1. Title Il (Reporting by labor organizations, officers and employees of
labor organizations and employers).


2. Title III (Trusteeship).

3. Section 501(c) (Embezzlement of union funds) of Title V.

4. Section 502 (Bonding) of Title V.

5. Section 503 (Making of loans and payment of fines) of Title V.

6. Section 504 (Prohibition against certain persons holding office) of Title
Vv.

7. Section 602 (Extortionate picketing) of Title VI.
8. Section 610 (Deprivation of rights by force and violence) of Title VL.

(b) The Department of Justice will investigate those criminal matters arising
under section 505 (Containing an amendment to section 302, Labor Management
Relations Act, 1947, as amended) of Title V, and under delegation from the Secretary of
Labor, section 501(c) (Embezzlement of union funds) of Title V, section 504 (Prohibition
against certain person holding office) of Title V, and section 610 (Deprivation of rights
by force and violence) of Title VI.

3. Notification. Whenever either Department learns or is informed of any matter
coming within the investigative jurisdiction of the other Department, as set forth above, it
will notify such other Department in writing and furnish all information in its possession
regarding the matter.

4. Exercise of other functions. Exercise of delegated investigative authority by
the Department of Justice pursuant to this agreement shall not preclude the Department of
Labor from making inquiries for the purpose of administrative action related to the crime
being investigated. Nothing in this Memorandum of Understanding shall be construed to
affect the investigative jurisdiction of the Department of Justice under other statutes.

5. Prosecution of Civil Enforcement Actions. Any violations of the Act, which
form the basis for civil enforcement actions, will be investigated by the Department of
Labor. Whenever the Department of Labor concludes that a civil enforcement action
should be instituted, it will refer the case to the Department of Justice, with the request
that suit be instituted on behalf of the Secretary of Labor, and will furnish the Department
of Justice with all pertinent information in the possession of the Department of Labor.
Upon receipt of such request, the Department of Justice will institute and will conduct the
civil enforcement action on behalf of the Secretary of Labor. The Department of Justice
will not institute any civil enforcement action under the Act except upon the request of
the Department of Labor, nor will the Department of Justice voluntarily dismiss any
action so instituted except with the concurrence of the Department of Labor. The
Department of Justice will dismiss any action so instituted upon the request of the
Department of Labor. Department of Justice attorneys will collaborate with the attorneys


of the Office of the Solicitor of Labor in the preparation and, to the extent feasible, in the
presentation of such actions in court.

6. Section 504(a) Proceedings. Subject to specific arrangements agreed upon by
the Department of Justice and the Department of Labor on a case by case basis, the
Department of Labor through its own staff will investigate matters arising under section
504(a) (B) of Title V, as amended, (judicial determination that a disqualified person’s
service in any prohibited capacity would not be contrary to the purposes of the LMRDA).
Following the investigation, the Department of Labor will issue its views on the
appropriateness of such a judicial determination under section 504(a) (B). The
Department of Justice will present the Secretary of Labor’s views before a federal
sentencing judge or United States district court, by making all necessary appearances and
filings. Department of Justice attorneys will collaborate with the attorneys of the Office
of the Solicitor of Labor in the preparation and, to the extent feasible, in the presentation
of the Secretary’s views in court. With respect to relief under section 504(a) by judicial
reduction of the period of disability, the Department of Justice will seek the views of the
Department of Labor prior to opposing or agreeing to a request for such relief by a
criminal defendant or disqualified person.

7. Instructions. So that the terms of understanding will be effectively performed,
both Departments will issue instructions for the guidance of its officers, such instructions
to be submitted for comment to the other Department prior to their issuance.

8. Periodic reviews of this agreement will be made to determine any adjustments
which seem necessary based on experience under this Act.

Signed at Washington, D.C., this_!8 day of January 2005

John Ashcroft, Attorney General

Elaine L. Chao, Secretary of Labor