II 

113TH CONGRESS 

2D SESSION S. 2688 

To ensure labor organization transparency and accountability. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2014 

Mr. THUNE (for himself, Mr. ALEXANDER, Mr. CORNYN, and Mr. ISAKSON) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To ensure labor organization transparency and 

accountability. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Union Transparency 

5 and Accountability Act’’. 

6 SEC. 2. DISCLOSURE REQUIREMENTS. 

7 Section 208 of the Labor-Management Reporting and 

8 Disclosure Act of 1959 (29 U.S.C. 438) is amended— 

9 (1) by striking ‘‘The Secretary’’ and inserting 

10 ‘‘(a) The Secretary’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(b) Notwithstanding subsection (a) and for each fis3 cal year, a labor organization that would be required to 

4 file form LM–2 under part 403 of title 29, Code of Fed5 eral Regulations, under section 201(a) (as such part was 

6 in effect on October 12, 2009) shall be required to annu7 ally file with the Secretary— 

8 ‘‘(1) form LM–2, as published in the appendix 

9 to the final rule issued by the Secretary of Labor en10 titled ‘Labor Organization Annual Financial Re11 ports’ (74 Fed. Reg. 3678 (January 21, 2009)); or 

12 ‘‘(2) a successor form that includes all of the 

13 information required in such form LM–2 (as such 

14 form was published on January 21, 2009). 

15 ‘‘(c) Notwithstanding subsection (a) and for each fis16 cal year, a labor organization that would be required to 

17 file form T–1 under part 403 of title 29, Code of Federal 

18 Regulations (as such part was in effect on November 30, 

19 2010) shall file with the Secretary, as the report con20 cerning trusts in which a labor organization is inter21 ested— 

22 ‘‘(1) form T–1, as published in the appendix to 

23 the final rule issued by the Secretary entitled ‘Labor 

24 Organization Annual Financial Reports for Trusts 


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1 in Which a Labor Organization Is Interested, Form 

2 T–1’ (73 Fed. Reg. 57412 (October 2, 2008)); or 

3 ‘‘(2) a successor form that includes all of the 

4 information required in such form T–1 (as such 

5 form was published on October 2, 2008). 

6 ‘‘(d) Notwithstanding subsection (a) and for each fis7 cal year, an officer or employee of a labor organization 

8 who would be required to file form LM–30 under part 404 

9 of title 29, Code of Federal Regulations (as such part was 

10 in effect on October 25, 2011) shall be required to file 

11 with the Secretary— 

12 ‘‘(1) form LM–30, as published in the appendix 

13 to the final rule issued by the Secretary entitled 

14 ‘Labor Organization Officer and Employee Report, 

15 Form LM–30’ (72 Fed. Reg. 36106 (July 2, 2007)); 

16 or 

17 ‘‘(2) a successor form that includes all of the 

18 information required in such form LM–30 (as such 

19 form was published on July 2, 2007).’’. 

20 SEC. 3. CIVIL FINES RELATING TO DISCLOSURE VIOLA21 TIONS. 

22 (a) CIVIL FINES FOR FAILURE TO PROVIDE INFOR23 MATION TO MEMBERS.—Section 201 of the Labor-Man24 agement Reporting and Disclosure Act of 1959 (29 U.S.C. 

25 431) is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (c)(1); and 

3 (2) by inserting after such subsection (c)(1) the 

4 following: 

5 ‘‘(2) Any labor organization that fails to meet the re6 quirements of paragraph (1) with respect to a member, 

7 by refusing to make available the information required to 

8 be contained in a report required to be submitted under 

9 this title, and any books, records, and accounts necessary 

10 to verify such report (unless such failure or refusal results 

11 from matters reasonably beyond the control of the labor 

12 organization), may in the court’s discretion, and in addi13 tion to any other relief provided by law and determined 

14 proper by the court, be liable to such member for an 

15 amount that is not more than $250 a day from the date 

16 of such failure or refusal (except that such amount shall 

17 be adjusted for inflation in the same manner as the Sec18 retary adjusts the amount of a civil fine under section 

19 211(c)). For purposes of this paragraph, each violation 

20 with respect to any single member shall be treated as a 

21 separate violation.’’. 

22 (b) CIVIL ENFORCEMENT FOR FAILURE TO FILE A

23 TIMELY REPORT.—Section 210 of the Labor-Management 

24 Reporting and Disclosure Act of 1959 (29 U.S.C. 440) 

25 is amended to read as follows: 


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1 ‘‘SEC. 210. CIVIL ENFORCEMENT. 

2 ‘‘(a) IN GENERAL.—Whenever it shall appear that 

3 any person has violated or is about to violate any of the 

4 provisions of this title, or section 301(a), the Secretary 

5 may bring a civil action for such relief, including an in6 junction or the enforcement of a civil fine imposed under 

7 section 211, as may be appropriate. Any such action may 

8 be brought in the district court of the United States where 

9 the violation occurred or in the United States District 

10 Court for the District of Columbia. 

11 ‘‘(b) JUDICIAL REVIEW FOR ENFORCEMENT OF

12 CIVIL FINES.— 

13 ‘‘(1) STANDARD OF REVIEW.—Upon a com14 plaint filed by the Secretary seeking the enforcement 

15 of a civil fine, the appropriate district court shall im16 pose the civil fine that has been determined to be 

17 appropriate by the Secretary— 

18 ‘‘(A) if the person, labor organization, or 

19 employer against whom the civil fine is sought 

20 has been provided written notice and an oppor21 tunity to be heard before the Secretary or a 

22 designee of such Secretary, in accordance with 

23 procedures established by the Secretary under 

24 section 211(g)(1); and 

25 ‘‘(B) unless the Secretary’s determination 

26 is shown to be arbitrary and capricious. 


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1 ‘‘(2) SCOPE OF REVIEW.—The appropriate 

2 court shall not consider any objection or argument 

3 that was not raised in the proceedings before the 

4 Secretary. 

5 ‘‘(c) APPROPRIATENESS OF INJUNCTIVE RELIEF.— 

6 Upon a complaint filed by the Secretary seeking relief 

7 under this section demonstrating that a person, labor or8 ganization, or employer has failed to file timely and com9 plete reports required by this title or section 301(a), or 

10 has filed reports that are substantially incomplete or inac11 curate, or that information required to be reported may 

12 be lost or destroyed absent such relief, the district court 

13 shall issue an order enjoining continued violation of this 

14 title or section 301(a). Injunctive relief may be awarded 

15 in addition to any other additional civil or criminal remedy 

16 and whether or not the Secretary seeks enforcement of a 

17 civil fine.’’. 

18 (c) AUTHORITY TO IMPOSE CIVIL FINES.—Title II 

19 of the Labor-Management Reporting and Disclosure Act 

20 of 1959 (29 U.S.C. 431 et seq.) is amended— 

21 (1) by redesignating section 211 as section 212; 

22 and 

23 (2) by inserting after section 210 the following: 


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1 ‘‘SEC. 211. CIVIL FINES. 

2 ‘‘(a) NOTICE; CORRECTION PERIOD.—Upon finding 

3 a violation of subsection (a) or (b) of section 201 or sec4 tion 202, 203, 207, 212, or 301(a), the Secretary shall, 

5 in accordance with standards and procedures established 

6 by the Secretary under subsection (g), provide the person, 

7 labor organization, or employer responsible for such viola8 tion— 

9 ‘‘(1) written notice of the violation; and 

10 ‘‘(2) a period of time to correct the violation 

11 that is not more than 30 days after the date that 

12 the Secretary provides such written notice. 

13 ‘‘(b) FINES ASSESSED.—Subject to the other provi14 sions of this section, if the Secretary determines that a 

15 person, labor organization, or employer has violated sub16 section (a) or (b) of section 201 or section 202, 203, 207, 

17 212, or 301(a) and has not corrected the violation within 

18 the period described in subsection (a)(2), the Secretary 

19 may assess a civil fine against the person, labor organiza20 tion, or employer responsible for such violation. 

21 ‘‘(c) AMOUNT OF CIVIL FINE.— 

22 ‘‘(1) MAXIMUM AMOUNT.—A civil fine under 

23 this section shall be for an amount that is not more 

24 than $250 a day from the date of the violation, and 

25 not more than $45,000 in the aggregate, except that 

26 such amounts shall be adjusted in accordance with 


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1 the inflation adjustment procedures prescribed in the 

2 Federal Civil Penalties Inflation Adjustment Act of 

3 1990 (28 U.S.C. 2461 note; Public Law 101–410). 

4 ‘‘(2) FACTORS IN DETERMINING AMOUNT.—In 

5 determining the amount of a civil fine under this 

6 section, the Secretary may consider— 

7 ‘‘(A) the gravity of the offense; 

8 ‘‘(B) any history of prior offenses (includ9 ing offenses occurring before the date of enact10 ment of this section) of the person, labor orga11 nization, or employer responsible for such viola12 tion; 

13 ‘‘(C) the ability of such person, labor orga14 nization, or employer to pay the civil fine with15 out material impairment of the ability to carry 

16 out representational functions or honor other fi17 nancial obligations; 

18 ‘‘(D) any injury to uninvolved members of 

19 the labor organization or to the public; 

20 ‘‘(E) any benefits to such person, labor or21 ganization, or employer resulting from such vio22 lation; 

23 ‘‘(F) the ability of the civil fine to deter fu24 ture such violations; and 


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1 ‘‘(G) any other factors that the Secretary 

2 may determine to be appropriate to further the 

3 purposes of this Act. 

4 ‘‘(d) LIMITATION.—A person, labor organization, or 

5 employer shall not be required to pay a civil fine under 

6 this section for a violation of subsection (a) or (b) of sec7 tion 201 or section 202, 203, 207, 212, or 301(a) for 

8 which a material cause was reasonably beyond the control 

9 of such person, labor organization, or employer. 

10 ‘‘(e) INCOMPLETE REPORTS.—A report rejected by 

11 the Secretary as incomplete shall be considered not filed 

12 for purposes of determining the existence of a violation 

13 of subsection (a) or (b) of section 201 or section 202, 203, 

14 207, 212, or 301(a), and a civil fine may be assessed for 

15 such violation. 

16 ‘‘(f) EFFECT ON CRIMINAL SANCTIONS.—The impo17 sition of a civil fine under this section shall not affect the 

18 availability of criminal sanctions against any person, labor 

19 organization, or employer who knowingly or willfully vio20 lates a provision of this Act. 

21 ‘‘(g) STANDARDS AND PROCEDURES.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall estab23 lish, pursuant to sections 208 and 606, standards 

24 and procedures governing the imposition of a civil 

25 fine under this section that include providing the 


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1 person, labor organization, or employer responsible 

2 for an alleged violation of subsection (a) or (b) of 

3 section 201 or section 202, 203, 207, 212, or 301(a) 

4 with— 

5 ‘‘(A) written notice of such violation; and 

6 ‘‘(B) an opportunity for a hearing before 

7 the Secretary or a designee of such Secretary. 

8 ‘‘(2) JUDICIAL REVIEW.— 

9 ‘‘(A) IN GENERAL.—After exhausting all 

10 administrative remedies established by the Sec11 retary under paragraph (1), a person, labor or12 ganization, or employer against whom the Sec13 retary has imposed a civil fine under this sec14 tion may obtain a review of such fine in the 

15 United States District Court where the viola16 tion occurred or in the United States District 

17 Court for the District of Columbia, by filing in 

18 such court, within 30 days of the entry of a 

19 final order imposing the civil fine, a written pe20 tition that the Secretary’s order or determina21 tion be modified or be set aside in whole or in 

22 part. 

23 ‘‘(B) STANDARD OF REVIEW.—Upon peti24 tion for review of a civil fine under this section, 

25 the appropriate district court shall impose the 


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1 civil fine determined to be appropriate by the 

2 Secretary— 

3 ‘‘(i) if the person, labor organization, 

4 or employer against whom the civil fine is 

5 sought has been provided written notice 

6 and an opportunity to be heard, in accord7 ance with the procedures established by the 

8 Secretary under paragraph (1); and 

9 ‘‘(ii) unless the Secretary’s determina10 tion is shown to be arbitrary and capri11 cious. 

12 ‘‘(C) SCOPE OF REVIEW.—In reviewing a 

13 civil fine under this section, the appropriate dis14 trict court shall not consider any objection or 

15 argument that was not raised in the pro16 ceedings before the Secretary. 

17 ‘‘(h) SETTLEMENT BY SECRETARY.—The Secretary 

18 may compromise, modify, or remit any civil fine that may 

19 be, or has been, imposed under this section.’’. 

20 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 The Labor-Management Reporting and Disclosure Act of 

22 1959 (29 U.S.C. 401 et seq.) is further amended— 

23 (1) in section 205 (29 U.S.C. 435), by striking 

24 ‘‘211’’ each place it appears and inserting ‘‘212’’; 


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1 (2) in section 207(b) (29 U.S.C. 437(b)), by 

2 striking ‘‘211’’ each place it appears and inserting 

3 ‘‘212’’; and 

4 (3) in section 301(b) (29 U.S.C. 461(b)), by 

5 striking ‘‘and 210’’ and inserting ‘‘210, and 211’’. 

6 SEC. 4. WHISTLEBLOWER PROTECTIONS FOR LABOR ORGA7 NIZATION EMPLOYEES. 

8 Title II of the Labor-Management Reporting and 

9 Disclosure Act of 1959 (29 U.S.C. 431 et seq.) is amended 

10 by inserting after section 211 the following: 

11 ‘‘SEC. 211A. WHISTLEBLOWER PROTECTION FOR LABOR OR12 GANIZATION EMPLOYEES. 

13 ‘‘(a) WHISTLEBLOWER PROTECTION.—It shall be un14 lawful for any labor organization to discharge or in any 

15 other manner discriminate against any employee because 

16 such employee has filed any complaint or instituted or 

17 caused to be instituted any proceeding under or related 

18 to this Act, or has testified or is about to testify in any 

19 such proceeding. 

20 ‘‘(b) ENFORCEMENT AND REMEDIES.—Any person 

21 whose rights secured by the provisions of this title have 

22 been infringed by any violation of this title may bring a 

23 civil action in the appropriate district court of the United 

24 States for such relief as may be appropriate, including an 

25 injunction. A civil action under this subsection against a 


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1 labor organization shall be brought in the district court 

2 of the United States for the district where the alleged vio3 lation occurred or where the principal office of such labor 

4 organization is located.’’. 

Æ 


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