An Act to provide for the reporting and disclosure of certain financial transactions and administrative practices of labor organizations and employers, to prevent abuses in the administration of trusteeships by labor organizations, to provide standards with
PL 86-257 (S.1555), enacted 09/14/1959

73 S T A T . ] 
P U B U C LAW 86-267-SEPT. 14, 1959 
519 
Public Law 86-257 
A N A C T 
September 14, 1959 
To provide for the reporting and disclosure of certain financial transactions 
^^' *^^''^ 
and administrative practices of labor organizations and employers, to prevent 
abuses in the administration of trusteeships by labor organizations, to provide 
standards with respect to the election of officers of labor organizations, and 
for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Labor-Management 
Reporting and Disclosure Act of 1959". 
DECLARATION OF FINDINGS, PURPOSES, AND POLICY 
SEC. 2. (a) The Congress finds that, in the public interest, it con-
tinues to be the responsibility of the Federal Government to protect 
employees' rights to organize, choose their own representatives, bar-
gain collectively, and otherwise engage in concerted activities for their 
mutual aid or protection; that the relations between employers and 
labor organizations and the millions of workers they represent have 
a substantial impact on the commerce of the Nation; and that in order 
to accomplish the objective of a free flow of commerce it is essential 
that labor organizations, employers, and their officials adhere to the 
highest standards of responsibility and ethical conduct in adminis-
tering the affairs of their organizations, particularly as they affect 
labor-management relations. 
(b) The Congress further finds, from recent investigations in the 
labor and management fields, that there have been a number of 
instances of breach of trust, corruption, disregard of the rights of 
individual employees, and other failures to observe high standards of 
responsibility and ethical conduct which require further and supple-
mentary legislation that will afford necessary protection of the rights 
and interests of employees and the public generally as they relate to 
the activities of labor organizations, employers, labor relations con-
sultants, and their officers and representatives. 
(c) The Congress, therefore, further finds and declares that the 
enactment of this Act is necessary to eliminate or prevent improper 
practices on the part of labor organizations, employers, labor relations 
consultants, and their officers and representatives which distort and 
defeat the policies of the Labor Management Relations Act, 1947, as 
^l ^t^u :i36. 
amended, and the Railway Labor Act, as amended, and have the tend- 
44 stat. s??. 
ency or necessary effect of burdening or obstructing commerce by (1) 
impairing the efficiency, safety, or operation of the instrumentalities of 
commerce; (2) occurring in the current of commerce; (3) materially 
affecting, restraining, or controlling the flow of raw materials or 
manufactured or processed goods into or from the channels of com-
merce, or the prices of such materials or goods in commerce; or (4) 
causing diminution of employment and wages in such volume as sub-
stantially to impair or disrupt the market for goods flowing into or 
from the channels of commerce. 
45 u s e 151. 
67 Stat. 462. 
620 
PUBLIC LAW 86-257-8EPT. 14, 1959 
[73 STAT. 
DEFINITIONS 
SEC. 3. For the purposes of titles I, II, III, IV, V (except section 
505), and VI of this Act— 
(a) "Commerce" means trade, traffic, commerce, transportation, 
transmission, or communication among the several States or between 
any State and any place outside thereof. 
(b) "State" includes any State of the United States, the District of 
Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, 
Wake Island, the Canal Zone, and Outer Continental Shelf lands 
defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331-
1343). 
(c) "Industry aifecting commerce" means any activity, business, or 
industry in commerce or in which a labor dispute would hinder or 
obstruct commerce or the free flow of commerce and includes any 
activity or industry "affecting commerce" within the meaning of the 
Labor Management Relations Act, 1947, as amended, or the Railway 
Labor Act, as amended. 
(d) "Person" includes one or more individuals, labor organizations, 
partnerships, associations, corporations, legal representatives, mutual 
companies, joint-stock companies, trusts, unincorporated organiza-
tions, trustees, trustees in bankruptcy, or receivers. 
(e) "Employer" means any employer or any group or association 
of employers engaged in an industry affecting commerce (1) which is, 
with respect to employees engaged in an industry affecting commerce, 
an employer wuthin the meaning of any law of the United States 
relating to the employment of any employees or (2) which may deal 
with any labor organization concerning grievances, labor disputes, 
wages, rates of pay, hours of employment, or conditions of work, and 
includes any person acting directly or indirectly as an employer or as 
an agent of an employer in relation to an employee but does not 
include the United States or any corporation wholly owned by the 
Government of the United States or any State or political subdivision 
thereof. 
(f) "Employee" means any individual employed by an employer, 
and includes an}^ individual whose work has ceased as a consequence 
of, or in connection with, any current labor dispute or because of any 
unfair labor practice or because of exclusion or expulsion from a 
labor organization in any manner or for any reason inconsistent with 
the requirements of this Act. 
(g) "Labor dispute" includes any controversy concerning terms, 
tenure, or conditions of employment, or concerning the association or 
representation of persons in negotiating, fixing, maintaining, chang-
ing, or seeking to arrange terms or conditions of employment, regard-
less of whether the disputants stand in the proximate relation of 
employer and employee. 
(h) "Trusteeship" means any receivership, trusteeship, or other 
method of supervision or control whereby a labor organization sus-
pends the autonomy otherwise available to a subordinate body under 
its constitution or bylaws. 
(i) "Labor organization" means a labor organization engaged in an 
industry affecting commerce and includes any organization of any 
kind, any agency, or employee representation committee, group, asso-
ciation, or plan so engaged in which employees participate and which 
exists for the purpose, m whole or in part, of dealing with employers 
concerning grievances, labor disputes, wages, rates of pay, hours, or 
other terms or conditions of employment, and any conference, general 
committee, joint or system board, or joint council so engaged which 
is subordinate to a national or international labor organization, other 
than a State or local central body. 
44 Stat. 577. 
45 u s e IS I. 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
521 
(j) A labor organization shall be deemed to be engaged in an indus-
try affecting commerce if it— 
(1) is the certified representative of employees under the pro-
visions of the National Labor Kelations Act, as amended, or the 
39 u^c i67.' 
Railway Labor Act, as amended; or 
(2) although not certified, is a national or international labor 
organization or a local labor organization recognized or acting as 
the representative of eniployees of an employer or employers 
engaged in an industry affecting commerce; or 
(3) has chartered a local labor organization or subsidiary body 
which is representing or actively seeking to represent employees 
of employers within the meaning of paragraph (1) or (2) ; or 
(4) has been chartered by a labor organization representing or 
actively seeking to represent employees within the meaning of 
paragraph (1) or (2) as the local or subordinate body through 
which such employees may enjoy membership or become affiliated 
with such labor organization; or 
(5) is a conference, general committee, joint or system board, 
or joint council, subordinate to a national or international labor 
organization, which includes a labor organization engaged in an 
industry affecting commerce within the meaning of any of the 
preceding paragraphs of this subsection, other than a State or local 
central body. 
(k) "Secret ballot" means the expression by ballot^ voting machine, 
or otherwise, but in no event by proxy, of a choice with respect to any 
election or vote taken upon any matter, which is cast in such a manner 
that the person expressing such choice cannot be identifi.ed with the 
choice expressed. 
(1) "Trust in which a labor organization is interested" means a trust 
or other fund or organization (1) which was created or established by 
a labor organization, or one or more of the trustees or one or more 
members of the governing body of which is selected or appointed by a 
labor organization, and (2) a primary purpose of which is to provide 
benefits for the members of such labor organization or their bene-
ficiaries. 
(m) "Labor relations consultant" means any person who, for com-
pensation, advises or represents an employer, employer organization, 
or labor organization concerning employee organizing, concerted activ-
ities, or coflective bargaining activities. 
(n) "Officer" means any constitutional officer, any person authorized 
to perform the functions of president, vice president, secretary, 
treasurer, or other executive functions of a labor organization, and any 
member of its executive board or similar governing body. 
(o) "Member" or "member in good standing", when used in ref-
erence to a labor organization, includes any person who has fulfilled the 
requirements for membership in such organization, and who neither 
has voluntarily withdrawn from membership nor has been expelled 
or suspended from membership after appropriate proceedings con-
sistent with lawful provisions of the constitution and bylaws of such 
organization. 
(p) "Secretary" means the Secretary of Labor. 
(q) "Officer, agent, shop steward, or other representative", when 
used with respect to a labor organization, includes elected officials and 
key administrative personnel, whether elected or appointed (such as 
business agents, heads of departments or major units, and organizers 
who exercise substantial independent authority), but does not include, 
salaried nonsupervisory professional staff, stenographic, and service 
personnel. 
522 
PUBLIC LAW 86-257-SEPT. 14, 1959 
[73 STAT. 
(r) "District court of the United States" means a United States 
district court and a United States court of any place subject to the 
jurisdiction of the United States. 
TITLE I—BILL O F EIGHTS O F MEMBERS O F LABOR 
ORGANIZATIONS 
BILL OP RIGHTS 
SEC. 101. (a) (1) EQUAL RIGHTS.—Every member of a labor organi-
zation shall have equal rights and privileges within such organization 
to nominate candidates, to vote in elections or referendums of the 
labor organization, to attend membership meetings, and to participate 
in the deliberations and voting upon the business of such meetings, 
subject to reasonable rules and regulations in such organization's con-
stitution and bylaws. 
(2) FREEDOM OF SPEECH AND ASSEMBLY.—Every member of any 
labor organization shall have the right to meet and assemble freely 
with other members; and to express any views, arguments, or opinions; 
and to express at meetings of the labor organization his views, upon 
candidates in an election of the labor organization or upon any busi-
ness properly before the meeting, subject to the organization's estab-
lished and reasonable rules pertaining to the conduct of meetings: 
Provided^ That nothing herein shall be construed to impair the right 
of a labor organization to adopt and enforce reasonable rules as to 
the responsibility of every member toward the organization as an in-
stitution and to his refraining from conduct that would interfere 
with its performance of its legal or contractual obligations. 
(3) DUES, INITIATION FEES, AND ASSESSMENTS.—Except in the case 
of a federation of national or international labor organizations, the 
rates of dues and initiation fees payable by members of any labor 
organization in effect on the date of enactment of this Act shall not be 
increased, and no general or special assessment shall be levied upon 
such members, except— 
(A) in the case of a local labor organization, (i) by majority 
vote by secret ballot of the members in good standin^^ voting at a 
general or special membership meeting, after reasonable notice of 
the intention to vote upon such question, or (ii) by majority vote 
of the members in good standing voting in a membership referen-
dum conducted by secret ballot; or 
(B) in the case of a labor organization, other than a local labor 
organization or a federation of national or international labor 
organizations, (i) by majority vote of the delegates voting at a 
regular convention, or at a special convention of such labor organ-
ization held upon not less than thirty days' written notice to the 
principal office of each local or constituent labor organization 
entitled to such notice, or (ii) by majority vote of the members 
in good standing of such labor organization voting in a member-
ship referendum conducted by secret ballot, or (^iii) by majority 
vote of the members of the executive board or similar governing 
body of such labor organization, pursuant to express authority 
contained in the constitution and bylaws of such labor organiza-
tion: Provided^ That such action on the part of the executive 
board or similar governing body shall be effective only until the 
next regular convention of such labor organization. 
(4) PROTECTION OF THE RIGHT TO SUE.—No labor organization 
shall limit the right of any member thereof to institute an action in 
any court, or in a proceeding before any administrative agency, irre-
spective of whether or not the labor organization or its officers are 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
523 
named as defendants or respondents in such action or proceeding, or 
the right of any member of a labor organization to appear as a witness 
in any judicial, administrative, or legislative proceeding, or to peti-
tion any legislature or to communicate with any legislator: Provided^ 
That any such member may be required to exhaust reasonable hearing 
procedures (but not to exceed a four-month lapse of time) within such 
organization, before instituting legal or administrative proceedings 
against such organizations or any officer thereof: And provided 
fur-
ther, That no interested employer or employer association shall 
directly or indirectly finance, encourage, or participate in, except as 
a party, any such action, proceeding, appearance, or petition. 
(5) 
SAFEGUARDS AGAINST IMPROPER 
DISCIPLINARY 
ACTION.—No 
member of any labor organization may be fined, suspended, expelled^ 
or otherwise disciplined except for nonpayment of dues by such 
organization or by any officer thereof unless such member has been 
(A) served with written specific charges; (B) given a reasonable time 
to prepare his defense; (C) afforded a full and fair hearing. 
(b) Any provision of the constitution and bylaws of any labor 
organization which is inconsistent with the provisions of this section 
shall be of no force or effect. 
CIVIL ENFORCEMENT 
SEC. 102. Any person whose rights secured by the provisions of this 
title have been infringed by any violation of this title may bring a 
civil action in a district court of the United States for such refief 
(including injunctions) as may be appropriate. 
Any such action 
against a labor organization shall be brought in the district court of 
the United States for the district where the alleged violation occurred, 
or where the principal office of such labor organization is located. 
RETENTION OF EXISTING RIGHTS 
SEC. 103. Nothing contained in this title shall limit the rights and 
remedies of any member of a labor organization under any State or 
Federal law or before any court or other tribunal, or under the con-
stitution and bylaws of any labor organization. 
RIGHT TO COPIES OF COLLECTIVE BARGAINING AGREEMENTS 
SEC. 104. It shall be the duty of the secretary or corresponding 
principal officer of each labor organization, in the case of a local labor 
organization, to forward a copy of each collective bargaining agree-
ment made by such labor organization with any employer to any em-
ployee who requests such a copy and whose rights as such employee 
are directly affected by such agreement, and in the case of a labor 
organization other than a local labor organization, to forward a copy 
of any such agreement to each constituent unit which has members 
directly affected by such agreement; and such officer shall maintain 
at the principal office of the labor organization of which he is an officer 
copies of any such agreement made or received by such labor organi-
zation, which copies shall be available for inspection by any member 
or by any employee whose rights are affected by such agreement. 
The provisions of section 210 shall be applicable in the enforcement of 
^°s'' P- sao. 
this section. 
INFORMATION AS TO ACT 
SEC. 105. Every labor organization shall inform its members con-
cerning the provisions of this Act. 
32716 O-60—36 
624 
PUBLIC LAW 86-267-8EPT. 14, 1969 
[73 STAT. 
TITLE 
II—KEPORTING 
BY 
LABOR 
ORGANIZATIONS, 
OFFICERS AND EMPLOYEES OF LABOR ORGANIZA-
TIONS, AND EMPLOYERS 
REPORT OF LABOR ORGANIZATIONS 
SEC. 201. (a) Every labor organization shall adopt a constitution and 
bylaws and shall file a copy thereof with the Secretary, together with 
a report, signed by its president and secretary or corresponding prin-
cipal officers, containing the following information— 
(1) the name of the labor organization, its mailing address, and 
any other address at which it maintains its principal office or at 
which it keeps the records referred to in this title; 
(2) the name and title of each of its officers; 
(3J the initiation fee or fees required from a new or transferred 
memoer and fees for work permits required by the reporting labor 
organization; 
(4) the regular dues or fees or other periodic payments required 
to remain a member of the reporting labor organization; and 
(5) detailed statements, or references to specific provisions of 
documents filed under this subsection which contain such state-
ments, showing the provision made and procedures followed with 
respect to each of the following: (A) qualifications for or restric-
tions on membership, (B) levying of assessments, (C) participa-
tion in insurance or other benefit plans, (D) authorization for 
disbursement of funds of the labor organization, (E) audit of 
financial transactions of the labor organization, (F) the calling 
of regular and special meetings, (G) the selection of officers and 
stewards and of any representatives to other bodies composed of 
labor organizations' representatives, with a specific statement of 
the manner in which each officer was elected, appointed, or other-
wise selected, (H) discipline or removal of officers or agents for 
breaches of their trust, (I) imposition of fines, suspensions, and 
expulsions of members, including the grounds for such action and 
any provision made for notice, hearing, judgment on the evidence, 
and appeal procedures, (J) authorization for bargaining demands, 
(K) ratification of contract terms, (L) authorization for strikes, 
and (M) issuance of work permits. Any change in the informa-
tion required by this subsection shall be reported to the Secretary 
at the time the reporting labor organization files with the Secre-
tary the annual financial report required by subsection (b). 
(b) Every labor organization shall file annually with the Secretary 
a financial report signed by its president and treasurer or correspond-
ing principal officers containing the following information in such 
detail as may be necessary accurately to disclose its financial condition 
and operations for its preceding fiscal year— 
(1) assets and liabilities at the beginning and end of the fiscal 
year; 
(2) receipts of any kind and the sources thereof; 
(3) salary, allowances, and other direct or indirect disburse-
ments (including reimbursed expenses) to each officer and also to 
each employee who, during such fiscal year, received more than 
$10,000 in the aggregate from such labor organization and any 
other labor organization affiliated with it or with which it is affili-
ated, or which is affiliated with the same national or international 
labor organization; 
(4) direct and indirect loans made to any officer, employee, or 
member, which aggregated more than $250 during^ the fiscal year, 
together with a statement of the purpose, security, if any, and 
arrangements for repayment; 
73 STAT.] 
PUBLIC L
A
W 86-257-SEPT. 14, 1959 
525 
(5) direct and indirect loans to any business enterprise, together 
with a statement of the purpose, security, if any, and arrangements 
for repayment; and 
(6) other disbursements made by it including the purposes 
thereof; 
all in such categories as the Secretary may prescribe. 
(c) Every labor organization required to submit a report under this 
title shall make available the information required to be contained in 
such report to all of its members, and every such labor organization 
and its officers shall be under a duty enforceable at the suit of any 
member of such organization in any State court of competent juris-
diction or in the district court of the United States for the district in 
which such labor organization maintains its principal office, to permit 
such member for just cause to examine any books, records, and 
accounts necessary to verify such report. 
The court in such action 
may, in its discretion, in addition to any judgment awarded to the 
plaintiff or plaintiffs, allow a reasonable attorney's fee to be paid by 
the defendant, and costs of the action. 
(d) Subsections (f), (g), and (h) of section 9 of the National 
Labor Relations Act, as amended, are hereby repealed. 
6i st^t^. 143. 
(e) Clause (i) of section 8(a) (3) of the National Labor Relations 
Act, as amended, is amended by striking out the following: "and has 
^^ "^^ ^^^• 
at the time the agreement was made or within the preceding twelve 
months received from the Board a notice of compliance with sections 
9 (f), (g), (h)". 
REPORT OF OFFICERS AND EMPLOYEES OF LABOR ORGANIZATIONS 
SEC. 202. (a) Every officer of a labor organization and every 
employee of a labor organization (other than an employee performing 
exclusively clerical or custodial services) shall file with the Secretary 
a signed report listing and describing for his preceding fiscal year— 
(1) any stock, bond, security, or other interest, legal or equi-
table, which he or his spouse or minor child directly or indirectly 
held in, and any income or any other benefit with monetary value 
(including reimbursed expenses) which he or his spouse or minor 
child derived directly or indirectly from, an employer whose 
employees such labor organization represents or is actively seek-
ing to represent, except payments and other benefits received as 
a bona fide employee of such employer; 
(2) any transaction in which he or his spouse or minor child 
engaged, directly or indirectly, involving any stock, bond, secur-
ity, or loan to or from, or other legal or equitable interest in the 
business of an employer whose employees such labor organization 
represents or is actively seeking to represent; 
(3) any stock, bond, security, or other interest, legal or equi-
table, which he or his spouse or minor child directly or indirectly 
held in, and any income or any other benefit with monetary value 
(including reimbursed expenses) which he or his spouse or minor 
child directly or indirectly derived from, any business a substan-
tial part of which consists of buying from, selling or leasing to, 
or otherwise dealing with, the business of an employer whose 
employees such labor organization represents or is actively seeking 
to represent; 
(4) any stock, bond, security, or other interest, legal or equitable, 
which he or his spouse or minor child directly or indirectly held 
in, and any income or any other benefit with monetary value (in-
cluding reimbursed expenses) which he or his spouse or minor 
child directly or indirectly derived from, a business any part of 
526 
PUBLIC LAW 86-267-SEPT. 14, 1959 
[73 STAT. 
which consists of buying from, or selling or leasing directly or 
indirectly to, or otherwise dealing with such labor organization; 
(5) any direct or indirect business transaction or arrangement 
between him or his spouse or minor child and any employer whose 
employees his organization represents or is actively seeking to 
represent, except work performed and payments and benefits re-
ceived as a bona fide employee of such employer and except pur-
chases and sales of goods or services in the regular course of 
business at prices generally available to any employee of such 
employer; and 
(6) any payment of money or other thing of value (including 
reimbursed expenses) which he or his spouse or minor child re-
ceived directly or indirectly from any employer or any person 
who acts as a labor relations consultant to an employer, except 
payments of the kinds referred to in section 302(c) of the Labor 
Poat. p. 537. 
Management Relations Act, 1947, as amended. 
(b) The provisions of paragraphs (1), (2), (3), (4), and (5) of 
subsection (a) shall not be construed to require any such officer or 
employee to report his bona fide investments in securities traded on a 
securities exchange registered as a national securities exchange under 
if use' 788.' 
the Securities Exchange Act of 1934, in shares in an investment com-
15USC 80a-5i 
V^^J registered under the Investment Company Act of 1940, or in 
securities of a public utility holding company registered under the 
1
5 use' 79.^' 
Public Utility Holding Company Act of 1935, or to report any income 
derived therefrom. 
(c) Nothing contained in this section shall be construed to require 
any officer or employee of a labor organization to file a report under 
subsection (a) unless he or his spouse or minor child holds or has held 
an interest, has received income or any other benefit with monetary 
value or a loan, or has engaged in a transaction described therein. 
REPORT OF EMPLOYERS 
SEC. 203. (a) Every employer who in any fiscal year made— 
(1) any payment or loaUj direct or indirect, of money or other 
thing of value (including reimbursed expenses), or any promise or 
agreement therefor, to any labor organization or officer, agent, 
shop steward, or other representative of a labor organization, or 
employee of any labor organization, except (A) payments or 
loans made by any national or State bank, credit union, insurance 
company, savings and loan association or other credit institution 
and (B) payments of the kind referred to in section 302(c) of 
the Labor Management Relations Act, 1947, as amended; 
(2) any payment (including reimbursed expenses) to any of his 
employees, or any group or committee of such employees, for the 
purpose of causing such employee or group or committee of em-
ployees to persuade other employees to exercise or not to exercise, 
or as the manner of exercising, the right to organize and bargain 
collectively through representatives of their own choosing unless 
such payments were contemporaneously or previously disclosed to 
such other employees; 
(3) any expenditure, during the fiscal year, where an object 
thereof, directly or indirectly, is to interfere with, restrain, or 
coerce employees in the exercise of the right to organize and 
bargain collectively through representatives of their own choos-
ing, or is to obtain information concerning the activities of em-
ployees or a labor organization in connection with a labor dispute 
involving such employer, except for use solely in conjunction with 
an administrative or arbitral proceeding or a criminal or civil 
judicial proceeding; 
Post, p. 537. 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
527 
(4) any agreement or arrangement with a labor relations con-
sultant or other independent contractor or organization pursuant 
to which such person undertakes activities where an object 
thereof, directly or indirectly, is to persuade employees to exer-
cise or not to exercise, or persuade employees as to the manner of 
exercising, the right to organize and bargain collectively through 
representatives of their own choosing, or undertakes to supply 
such employer with information concerning the activities of em-
ployees or a labor organization in connection with a labor dispute 
involving such employer, except information for use solely in 
conjunction with an administrative or arbitral proceeding or a 
criminal or civil judicial proceeding; or 
(5) any payment (including reimbursed expenses) pursuant to 
an agreement or arrangement described in subdivision (4); 
shall file with the Secretary a report, in a form prescribed by him, 
signed by its president and treasurer or corresponding principal offi-
cers showing in detail the date and amount of each such payment, 
loan, promise, agreement, or arrangement and the name, address, and 
position, if any, in any firm or labor organization of the person to 
whom it was made and a full explanation of the circumstances of all 
such payments, including the terms of any agreement or understand-
ing pursuant to which they were made. 
(b) Every person who pursuant to any agreement or arrangement 
with an employer undertakes activities where an object thereof is, 
directly or indirectly— 
(1) to persuade employees to exercise or not to exercise, or per-
suade employees as to the manner of exercising, the right to organ-
ize and bargain collectively through representatives of their own 
choosing; or 
(2) to supply an employer with information concerning the 
activities of employees or a labor organization in connection with 
a labor dispute involving such employer, except information for 
use solely in conjunction with an administrative or arbitral pro-
ceeding or a criminal or civil judicial proceeding; 
shall file within thirty days after entering into such agreement or 
arrangement a report with the Secretary, signed by its president and 
treasurer or corresponding principal officers, containing the name 
under which such person is engaged in doing business and the address 
of its principal office, and a detailed statement of the terms and condi-
tions of such agreement or arrangement. 
Every such person shall 
file annually, with respect to each fiscal year during which payments 
were made as a result of such an agreement or arrangement, a report 
with the Secretary, signed by its president and treasurer or cor-
responding principal officers, containing a statement (A) of its receipts 
of any kind from employers on account of labor relations advice or 
services, designating the sources thereof, and (B) of its disburse-
ments of any Kind, m connection with such services and the purposes 
thereof. 
In each such case such information shall be set forth in 
such categories as the Secretary may prescribe. 
(c) Nothing in this section shall be construed to require any 
employer or other person to file a report covering the services of such 
person by reason of his giving or agreeing to give advice to such 
employer or representing or agreeing to represent such employer 
before any court, administrative agency, or tribunal of arbitration 
or engaging or agreeing to engage in collective bargaining on behalf 
of such employer with respect to wages, hours, or other terms or con-
ditions of employment or the negotiation of an agreement or any 
question arising thereunder. 
528 
PUBLIC LAW 86-257-SEPT. 14, 1959 
[73 STAT. 
(d) Nothing contained in this section shall be construed to require 
an employer to file a report under subsection (a) unless he has made 
an expenditure, payment, loan, agreement, or arrangement of the kind 
described therein. 
Nothing contained in this section shall be con-
strued to require any other person to file a report under^subsection (b) 
unless he was a party to an agreement or arrangement of the kind 
described therein. 
(e) Nothing contained in this section shall be construed to require 
any regular officer, supervisor, or employee of an employer to file a 
report in connection with services rendered to such employer nor shall 
any employer be required to file a report covering expenditures made 
to any regular officer, supervisor, or employee of an employer as com-
pensation for service as a regular officer, supervisor, or employee of 
such employer. 
(f) Nothing contained in this section shall be construed as an 
amendment to, or modification of the rights protected by, section 8(c) 
29 use 158. 
of the National Labor Relations Act, as amended. 
(g) The term "interfere with, restrain, or coerce" as used in this 
section means interference, restraint, and coercion which, if done with 
respect to the exercise of rights guaranteed in section 7 of the National 
29 use 157. 
Labor Relations Act, as amended, would, under section 8(a) of such 
Act, constitute an unfair labor practice. 
ATTORNEY-CLIENT COMMUNICATIONS EXEMPTED 
SEC. 204. Nothing contained in this Act shall be construed to require 
an attorney who is a member in good standing of the bar of any State, 
to include in any report required to be filed pursuant to the provisions 
of this Act any information which was lawfully communicated to such 
attorney by any of his clients in the course of a legitimate attorney-
client relationship. 
REPORTS MADE PUBLIC 
INFORMATION 
SEC. 205. (a) The contents of the reports and documents filed with 
the Secretary pursuant to sections 201, 202, and 203 shall be public 
information, and the Secretary may publish any information and data 
which he obtains pursuant to the provisions of this title. The Secre-
tary may use the information and data for statistical and research pur-
poses, and compile and publish such studies, analyses, reports, and 
surveys based thereon as he may deem appropriate. 
(b) The Secretary shall by regulation make reasonable provision 
for the inspection and examination, on the request of any person, of 
the information and data contained in any report or other document 
filed with him pursuant to section 20 
Ij 202, or 203. 
(c) The Secretary shall by reflation provide for the furnishing by 
the Department of Labor of copies of reports or other documents filed 
with the Secretary pursuant to this title, upon payment of a charge 
based upon the cost of the service. The Secretary shall make available 
without payment of a charge, or require any person to furnish, to such 
State agency as is designated by law or by the Governor of the State 
in which such person has his principal place of business or headquar-
ters, upon request of the Governor of such State, copies of any reports 
and documents filed by such person with the Secretary pursuant to 
section 201, 202, or 203, or of information and data contained therein. 
No person shall be required by reason of any law of any State to fur-
nish to any officer or agency of such State any information included 
in a report filed by such person with the Secretary pursuant to the 
provisions of this title, if a copy of such report, or of the portion 
thereof containing such information, is furnished to such officer or 
73 STAT.] 
PUBLIC L
A
W 86-267-SEPT. 14, 1969 
529 
agency. All moneys received in payment of such charges fixed by the 
Secretary pursuant to this subsection shall be deposited in the general 
fund of the Treasury. 
RETENTION OF RECORDS 
SEC. 206. Every person required to file any report under this title 
shall maintain records on the matters required to be reported which 
will provide in sufficient detail the necessary basic information and 
data from which the documents filed with the Secretary may be veri-
fied, explained or clarified, and checked for accuracy and complete-
ness, and shall include vouchers, worksheets, receipts, and applicable 
resolutions, and shall keep such records available for examination 
for a period of not less than five years after the filing of the documents 
based on the information which they contain. 
EFFECTIVE DATE 
SEC. 207. (a) Each labor organization shall file the initial report 
required under section 201(a) within ninety days after the date on 
which it first becomes subject to this Act. 
(b) Each person required to file a report under section 201(b), 202, 
203(a), or the second sentence of 203(b) shall file such report within 
ninety days after the end of each of its fiscal years; except that where 
such person is subject to section 201(b), 202, 203(a), or the second 
sentence of 203 (b), as the case may be, for only a portion of such a 
fiscal year (because the date of enactment of this Act occurs during 
such person's fiscal year or such person becomes subject to this Act 
during its fiscal year) such person may consider that portion as the 
entire fiscal year m making such report. 
RULES AND REGULATIONS 
SEC. 208. The Secretary shall have authority to issue, amend, and 
rescind rules and regulations prescribing the form and publication of 
leports required to be filed under this title and such other reasonable 
rules and regulations (including rules prescribing reports concerning 
trusts in which a labor organization is interested) as he may find 
necessary to prevent the circumvention or evasion of such reporting 
requirements. In exercising his power under this section the Secre-
tary shall prescribe by general rule simplified reports for labor organi-
zations or employers for whom he finds that bv virtue of their size a 
detailed report would be unduly burdensome, but the Secretary may 
revoke such provision for simplified forms of any labor organization 
or employer if he determines, after such investigation as he deems 
proper and due notice and opportunity for a hearing, that the pur-
poses of this section would be served thereby. 
CRIMINAL PROVISIONS 
SEC. 209. (a) Any person who willfully violates this title shall be 
fined not more than $10,000 or imprisoned for not more than one year, 
or both. 
(b) Any person who makes a false statement or representation of 
a material fact, knowing it to be false, or who knowingly fails to 
disclose a material fact, in any document, report, or other informa-
tion required under the provisions of this title shall be fined not more 
than $10,000 or imprisoned for not more than one year, or both. 
(c) Any person who willfully makes a false entry in or willfully 
conceals, withholds, or destroys any books, records, reports, or state-
530 
PUBLIC LAW 86-257-SEPT. 14, 1959 
[73 STAT. 
ments required to be kept by any provision of this title shall be fined 
not more than $10,000 or imprisoned for not more than one year, or 
both. 
(d) Each individual required to sign reports under sections 201 
and 203 shall be personally responsible for the filing of such reports 
and for any statement contained therein which he knows to be false. 
CIVIL ENFORCEMENT 
SEC. 210. Whenever it shall appear that any person has violated or 
is about to violate any of the provisions of this title, the Secretary 
may bring a civil action for such relief (including injunctions) as 
may be appropriate. Any such action may be brought in the district 
court of the United States where the violation occurred or, at the 
option of the parties, in the United States District Court for the 
District of Columbia. 
TITLE III—TRUSTEESHIPS 
REPORTS 
SEC. 301. (a) Every labor organization which has or assumes trustee-
ship over any subordinate labor organization shall file with the Secre-
tary within thirty days after the date of the enactment of this Act or 
the imposition of any such trusteeship, and semiannually thereafter, 
a report, signed by its president and treasurer or corresponding prin-
cipal officers, as well as by the trustees of such subordinate labor organ-
ization, containing the following information: (1) the name and ad-
dress of the subordinate organization; (2) the date of establishing 
the trusteeship; (3) a detailed statement of the reason or reasons for 
establishing or continuing the trusteeship; and (4) the nature and 
extent of participation by the membership of the subordinate organi-
zation in the selection of delegates to represent such organization in 
regular or special conventions or other policy-determining bodies and 
in the election of officers of the labor organization which has assumed 
trusteeship over such subordinate organization. 
The initial report 
shall also include a full and complete account of the financial condi-
tion of such subordinate organization as of the time trusteeship was 
assumed over it. During the continuance of a trusteeship the labor 
organization which has assumed trusteeship over a subordinate labor 
organization shall file on behalf of the subordinate labor organization 
the annual financial report required by section 201(b) signed by the 
president and treasurer or corresponding principal officers of the labor 
organization which has assumed such trusteeship and the trustees of 
the subordinate labor organization. 
(b) The provisions of section 201(c), 205, 206, 208, and 210 shall 
be applicable to reports filed under this title. 
(c) Any person who willfully violates this section shall be fined not 
more than $10,000 or imprison^ for not more than one year, or both. 
(d) Any person who makes a false statement or representation of a 
material fact, knowing it to be false, or who knowingly fails to dis-
close a material fact, in any report required under the provisions of 
this section or willfully makes any false entry in or willfully with-
holds, conceals, or destroys any documents, books, records, reports, or 
statements upon which such report is based, shall be fined not more 
than $10,000 or imprisoned for not more than one year, or both. 
(e) Each individual required to sign a report under this section 
shall be personally responsible for the filing of such report and for 
any statement contained therein which he knows to be false. 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
531 
PURPOSES FOR W H I C H A TRUSTEESHIP MAY BE ESTABLISHED 
SEC. 302. Trusteeships shall be established and administered hj a 
labor organization over a subordinate body only in accordance with 
the constitution and bylaws of the organization which has assumed 
trusteeship over the subordinate body and for the purpose of correct-
ing corruption or financial malpractice, assuring the performance of 
collective bargaining agreements or other duties of a bargaining rep-
resentative, restoring democratic procedureSj or otherwise carrying 
out the legitimate objects of such labor organization. 
U N L A W F U L ACTS RELATING TO LABOR ORGANIZATION UNDER TRUSTEESHIP 
SEC. 303. (a) During any; period when a subordinate body of a labor 
organization is in trusteeship, it shall be unlawful (1) to count the vote 
of delegates from such body in any convention or election of officers 
of the labor organization unless the delegates have been chosen by 
secret ballot in an election in which all the members in good standing 
of such subordinate body were eligible to participate, or (2) to trans-
fer to such organization any current receipts or other funds of the 
subordinate body except the normal per capita tax and assessments 
payable by subordinate bodies not in trusteeship: Provided, 
That 
nothing herein contained shall prevent the distribution of the assets 
of a labor organization in accordance with its constitution and bylaws 
upon the bona fide dissolution thereof. 
(b) Any person who willfully violates this section shall be fined not 
more than $10,000 or imprisoned for not more than one year, or both. 
ENFORCEMENT 
SEC. 304. (a) Upon the written complaint of any member or subor-
dinate body oi a labor organization alleging that such organization 
has violated the provisions of this title (except section 301) the Sec-
letary shall investigate the complaint and if the Secretary finds prob-
able cause to believe that such violation has occurred and has not been 
remedied he shall, without disclosing the identity of the complainant, 
bring a civil action in any district court of the TTnited States having 
jurisdiction of the labor organization for such relief (including injunc-
tions) as may be appropriate. 
Any member or subordinate body of a 
labor organization affected by any violation of this title (except section 
301) may brin^ a civil action in any district court of the United 
States having jurisdiction of the labor organization for such relief 
(including injunctions) as may be appropriate. 
(b) For the purpose of actions under this section, district courts 
of the United States shall be deemed to have jurisdiction of a labor 
organization (1) in the district in which the principal office of such 
labor organization is located, or (2) in any district in which its duly 
authorized officers or agents are engaged in conducting the affairs of 
the trusteeship. 
(c) In any proceeding pursuant to this section a trusteeship estab-
lished by a labor organization in conformity with the procedural re-
quirements of its constitution and bylaws and authorized or ratified 
after a fair hearing either before the executive board or before such 
other body as may oe provided in accordance with its constitution or 
bylaws shall be presumed valid for a period of eighteen months from 
the date of its establishment and shall not be subject to attack during 
such period except upon clear and convincing proof that the trustee-
ship was not established or maintained in good faith for a purpose 
allowable under section 302. After the expiration of eighteen months 
the trusteeship shall be presumed invalid m any such proceeding and 
532 
PUBLIC LAW 86-267-SEPT. 14, 1959 
[73 STAT. 
its discontinuance shall be decreed unless the labor organization shall 
show by clear and convincing proof that the continuation of the trustee-
ship is necessary for a purpose allowable under section 302. In the 
latter event the court may dismiss the complaint or retain jurisdiction 
of the cause on such conditions and for such period as it deems appro-
priate. 
REPORT TO CONGRESS 
SEC. 305. The Secretary shall submit to" the Congress at the expira-
tion of three years from the date of enactment of this Act a report upon 
the operation of this title. 
COMPLAINT BY SECRETARY 
SEC. 306. The rights and remedies provided by this title shall be in 
addition to any and all other rights and remedies at law or in equity: 
Provided, That upon the filing of a complaint by the Secretary the 
jurisdiction of the district court over such trusteeship shall be exclu-
sive and the final judgment shall be res judicata. 
TITLE IV—ELECTIONS 
TERMS OF O F F I C E ; ELECTION PROCEDURES 
SEC. 401. (a) Every national or international labor organization, 
except a federation of national or international labor organizations, 
shall elect its officers not less often than once every five years either 
by secret ballot among the members in good standing or at a conven-
tion of delegates chosen by secret ballot. 
(b) Every local labor organization shall elect its officers not less 
often than once every three years by secret ballot among the members 
in good standing. 
(c) Every national or international labor organization, except a fed-
eration of national or international labor organizations, and every local 
labor organization, and its officers, shall be under a duty, enforceable 
at the suit of any bona fide candidate for office in such labor organiza-
tion in the district court of the United States in which such labor 
organization maintains its principal office, to comply with all reason-
able requests of any candidate to distribute by mail or otherwise at the 
candidate's expense campaign literature in aid of such person's can-
didacy to all members in good standing of such labor organization and 
to refrain from discrimination in favor of or against any candidate 
with respect to the use of lists of members, and whenever such labor 
organizations or its officers authorize the distribution by mail or other-
wise to members of campaign literature on behalf of any candidate 
or of the labor organization itself with reference to such election, 
similar distribution at the request of any other bona fide candidate 
shall be made by such labor organization and its officers, with equal 
treatment as to the expense of such distribution. Every bona fide can-
didate shall have the right, once within 30 days prior to an election of 
a labor organization in which he is a candidate, to inspect a list con-
taining the names and last known addresses of all members of the 
labor organization who are subject to a collective bargaining agree-
ment requiring membership therein as a condition of employment, 
which list shall be maintained and kept at the principal office of such 
labor organization by a designated official thereof. Adequate safe-
guards to insure a fair election shall be provided, including the right 
of any candidate to have an observer at the polls and at the counting of 
the ballots. 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
533 
(d) Officers of intermediate bodies, such as general committees, 
system boards, joint boards, or joint councils, shall be elected not less 
often than once every four years by secret ballot among the members 
in good standing or by labor organization officers representative of 
such members who have been elected by secret ballot. 
(e) In any election required by this section which is to be held by 
secret ballot a reasonable opportunity shall be given for the nomina-
tion of candidates and every member in good standing shall be eli-
gible to be a candidate and to hold office (subject to section 504 and 
to reasonable qualifications uniformly imposed) and shall have the 
right to vote for or otherwise support the candidate or candidates of 
his choice, without being subject to penalty, discipline, or improper 
interference or reprisal of any kind by such organization or any mem-
ber thereof. Not less than fifteen days prior to the election notice 
thereof shall be mailed to each member at his last known home 
address. Each member in good standing shall be entitled to one vote. 
No member whose dues have been withheld by his employer for pay-
ment to such organization pursuant to his voluntary authorization 
provided for in a collective bargaining agreement shall be declared 
ineligible to vote or be a candidate for office in such organization by 
reason of alleged delay or default in the payment of dues. The votes 
cast by members of each local labor organization shall be counted, 
and the results published, separately. The election officials designated 
in the constitution and bylaws or the secretary, if no other official is 
designated, shall preserve for one year the ballots and all other records 
pertaining to the election. The election shall be conducted in accord-
ance with the constitution and bylaws of such organization insofar as 
they are not inconsistent with the provisions of this title. 
(f) When officers are chosen by a convention of delegates elected 
by secret ballot, the convention shall be conducted in accordance with 
the constitution and bylaws of the labor organization insofar as they 
are not inconsistent with the provisions of this title. The officials 
designated in the constitution and bylaws or the secretary, if no other 
is designated, shall preserve for one year the credentials of the dele-
gates and all minutes and other records of the convention pertaining 
to the election of officers. 
(g) No moneys received by any labor organization by way of dues, 
assessment, or similar levy, and no moneys of an employer shall be 
contributed or applied to promote the candidacy of any person in an 
election subject to the provisions of this title. Such moneys of a labor 
organization may be utilized for notices, factual statements of issues 
not involving candidates, and other expenses necessary for the holding 
of an election. 
(h) If the Secretary, upon application of any member of a local 
labor organization, finds after hearing in accordance with the Ad-
ministrative Procedure Act that the constitution and bylaws of such 
labor organization do not provide an adequate procedure for the 
removal of an elected officer guilty of serious misconduct, such officer 
may be removed, for cause shown and after notice and hearing, by 
the members in good standing voting in a secret ballot conducted by 
the officers of such labor organization in accordance with its constitu-
tion and bylaws insofar as they are not inconsistent with the provi-
sions of this title. 
(i) The Secretary shall promulgate rules and regulations prescrib-
ing minimum standards and procedures for determining the adequacy 
of the removal procedures to which reference is made in subsection 
(h). 
534 
PUBLIC LAW 86-257-SEPT. 14, 1959 
[73 STAT. 
ENFORCEMENT 
SEC. 402. (a) A member of a labor organization— 
(1) who has exhausted the remedies available under the con-
stitution and bylaws of such organization and of any parent body, 
or 
(2) who has invoked such available remedies without obtaining 
a final decision within three calendar months after their invoca-
tion, 
may file a complaint with the Secretary within one calendar month 
thereafter alleging the violation of any provision of section 401 
(including violation of the constitution and bylaws of the labor or-
ganization pertaining to the election and removal of officers). 
The 
challenged election shall be presumed valid pending a final decision 
thereon (as hereinafter provided) and in the interim the affairs of 
the organization shall be conducted by the officers elected or in such 
other manner as its constitution and bylaws may provide. 
(b) The Secretary shall investigate such complaint and, if he finds 
probable cause to believe that a violation of this title has occurred and 
has not been remedied, he shall, within sixty days after the filing of 
such complaint, bring a civil action against the labor organization as 
an entity in the district court of the United States in which such labor 
organization maintains its principal office to set aside the invalid elec-
tion, if any, and to direct the conduct of an election or hearing and 
vote upon the removal of officers under the supervision of the Secre-
tary and in accordance with the provisions of this title and such rules 
and regulations as the Secretary may prescribe. 
The court shall have 
power to take such action as it deems proper to preserve the assets 
of the labor organization. 
(c) If, upon a preponderance of the evidence after a trial upon the 
merits, the court finds— 
(1) that an election has not been held within the time pre-
scribed by section 401, or 
(2) that the violation of section 401 may have affected the out-
come of an election, 
the court shall declare the election, if any, to be void and direct the 
conduct of a new election under supervision of the Secretary and, 
so far as lawful and practicable, in conformity with the constitution 
and bylaws of the labor organization. 
The Secretary sh^ll promptly 
certify to the court the names of the persons elected, and the court shall 
thereupon enter a decree declaring such persons to be the officers of 
the labor organization. 
If the proceeding is for the removal of officers 
pursuant to subsection (h) of section 401, the Secretary shall certify 
the results of the vote and the court shall enter a decree declaring 
whether such persons have been removed as officers of the labor 
organization. 
(d) An order directing an election, dismissing a complaint, or desig-
nating elected officers of a labor organization shall be appealable m 
the same manner as the final judgment in a civil action, but an order 
directing an election shall not be stayed pending appeal. 
APPLICATION o r OTHER LAWS 
SEC. 403. No labor organization shall be required by law to conduct 
elections of officers with greater frequency or in a different form or 
manner than is required by its own constitution or bylaws, except as 
otherwise provided by this title. Existing rights and remedies to 
enforce the constitution and bylaws of a labor organization with respect 
to elections prior to the conduct thereof shall not be affected by the 
f
)rovisions of this title. 
The remedy provided by this title for chal-
enging an election already conducted shall be exclusive. 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
535 
ErrECTIVE DATE 
SEC. 404. The provisions of this title shall become applicable— 
(1) ninety days after the date of enactment of this Act in the 
case of a labor organization whose constitution and bylaws can 
lawfully be modified or amended by action of its constitutional 
officers or governing body, or 
(2) where such modification can only be made by a constitu-
tional convention of the labor organization, not later than the 
next constitutional convention of such labor organization after the 
date of enactment of this Act, or one year after such date, which-
ever is sooner. 
If no such convention is held within such one-
year period, the executive board or similar governing body 
empowered to act for such labor organization between conven-
tions is empowered to make such interim constitutional changes 
as are necessary to carry out the provisions of this title. 
TITLE V—SAFEGUARDS FOR LABOR ORGANIZATIONS 
FIDUCIARY RESPONSIBILITY OF OFFICERS OF LABOR ORGANIZATIONS 
SEC. 501, (a) The officers, agents, shop stewards, and other repre-
sentatives of a labor organization occupy positions of trust in 
relation to such organization and its members as a group. 
It is, there-
fore, the duty of each such person, taking into account the special 
problems and functions of a labor organization, to hold its money and 
property solely for the benefit of the organization and its members 
and to manage, invest, and expend the same in accordance with its 
constitution and bylaws and any resolutions of the governing bodies 
adopted thereunder, to refrain from dealing with such organization as 
an adverse party or in behalf of an adverse party in any matter con- . 
nected with his duties and from holding or acquiring any pecuniary 
or personal interest w^hich conflicts with the interests of such organi-
zation, and to account to the organization for any profit received by 
him in whatever capacity in connection with transactions conducted 
by him or under his direction on behalf of the organization. A gen-
eral exculpatory provision in the constitution and bylaws of such a 
labor organization or a general exculpatory resolution of a governing 
body purporting to relieve any such person of liability for breach of 
the duties declared by this section shall be void as against public 
policy. 
(b) When any officer, agent, shop steward, or representative of any 
labor organization is alleged to have violated the duties declared in sub-
section (a) and the labor organization or its governing board or offi-
cers refuse or fail to sue or recover damages or secure an accounting 
or other appropriate relief within a reasonable time after being 
requested to do so by any member of the labor organization, such mem-
ber may sue such officer, agent, shop steward, or representative in any 
district court of the United States or in any State court of competent 
jurisdiction to recover damages or secure an accounting or other 
appropriate relief for the benefit of the labor organization. No such 
proceeding shall be brought except upon leave of the court obtained 
upon verified application and for good cause shown, which application 
may be made ex parte. The trial judge may allot a reasonable part of 
the recovery in any action under this subsection to pay the fees of 
counsel prosecuting the suit at the instance of the memoer of the labor 
organization and to compensate such member for any expenses nec-
essarily paid or incurred by him in connection with the litigation. 
536 
PUBLIC LAW 86-257-8EPT. 14, 1959 
[73 STAT. 
(c) Any person who embezzles, steals, or unlawfully and willfully 
abstracts or converts to his own use, or the use of another, any of the 
moneys, funds, securities, property, or other assets of a labor organi-
zation of which he is an officer, or by which he is employed, directly 
or indirectly, shall be fined not more than $10,000 or imprisoned for 
not more than five years, or both. 
BONDING 
SEC. 502. (a) Every officer, agent, shop steward, or other repre-
sentative or employee of any labor organization (other than a labor 
organization whose property and annual financial receipts do not 
exceed $6,000 in value), or of a trust in which a labor organization 
is interested, who handles funds or other property thereof shall be 
bonded for the faithful discharge of his duties. 
The bond of each such 
person shall be fixed at the beginning of the organization's fiscal year 
and shall be in an amount not less than 10 per centum of the funds 
handled by him and his predecessor or predecessors, if any, during the 
preceding fiscal year, but in no case more than $500,000. If the labor 
organization or the trust in which a labor organization is interested 
does not have a preceding fiscal year, the amount of the bond shall be, 
in the case of a local labor organization, not less than $1,000, and in 
the case of any other labor organization or of a trust in which a labor 
organization is interested, not less than $10,000. Such bonds shall be 
individual or schedule in form, and shall have a corporate surety 
company as surety thereon. 
Any person who is not covered by such 
bonds shall not be permitted to receive, handle, disburse, or otherwise 
exercise custody or control of the funds or other property of a labor 
organization or of a trust in which a labor organization is interested. 
No such bond shall be placed through an agent or broker or w4th a 
surety company in which any labor organization or any officer, agent, 
shop steward, or other representative of a labor organization has any 
direct or indirect interest. 
Such surety company shall be a corporate 
surety which holds a grant of authority from the Secretary of 
61 Stat. 648. 
file Treasury under the Act of July 30, 1947 (6 U.S.C. 6-13), as an 
acceptable surety on Federal bonds. 
(b) Any person who willfully violates this section shall be fined not 
more than $10,000 or imprisoned for not more than one year, or both. 
MAKING o r LOANS; PAYMENT OF FINES 
SEC. 503. (a) No labor organization shall make directly or indirectly 
any loan or loans to any officer or employee of such organization which 
results in a total indebtedness on the part of such officer or employee 
to the labor organization in excess of $2,000. 
(b) No labor organization or employer shall directly or indirectly 
pay the fine of any officer or employee convicted of any willful vio-
lation of this Act. 
(c) Any person who willfully violates this section shall be fined not 
more than $5,000 or imprisoned for not more than one year, or both. 
PROHIBITION AGAINST CERTAIN PERSONS HOLDING OFFICE 
SEC. 504. (a) No person who is or has been a member of the Com-
munist Party or who has been convicted of, or served any part of a 
prison term resulting from his conviction of, robbery, bribery, extor-
tion, embezzlement, grand larceny, burglary, arson, violation of nar-
cotics laws, murder, rape, assault with intent to kill, assault which 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
537 
inflicts grievous bodily injury, or a violation of title I I or I I I of this 
Act, or conspiracy to commit any such crimes, shall serve— 
(1) as an officer, director, trustee, member of any executive 
board or similar governing body, business agent, manager, organ-
izer, or other employee (other than as an employee performing 
exclusively clerical or custodial duties) of any labor organiza-
tion, or 
(2) as a labor relations consultant to a person engaged in an 
industry or activity affecting commerce, or as an officer, director, 
agent, or employee (other than as an employee performing exclu-
sively clerical or custodial duties) of any group or association of 
employers dealing with any labor organization, 
during or for five years after the termination of his membership in 
the Communist Party, or for five years after such conviction or 
after the end of such imprisonment, unless prior to the end of such 
five-year period, in the case of a person so convicted or imprisoned, 
(A) his citizenship rights, having been revoked as a result of such 
conviction, have been fully restored, or (B) the Board of Parole of 
the United States Department of Justice determines that such person's 
service in any capacity referred to in clause (1) or (2) would not be 
contrary to the purposes of this Act. Prior to making any such deter-
mination the Board shall hold an administrative hearing and shall 
give notice of such proceeding by certified mail to the State, county, 
and Federal prosecuting officials in the jurisdiction or jurisdictions 
in which such person was convicted. The Board's determination in 
any such proceeding shall be final. No labor organization or officer 
thereof shall knowingly permit any person to assume or hold any 
office or paid position in violation of this subsection. 
(b) Any person who willfully violates this section shall be fined 
not more than $10,000 or imprisoned for not more than one year, or 
both. 
(c) For the purposes of this section, any person shall be deemed to 
have been "convicted" and under the disability of "conviction" from 
the date of the judgment of the trial court or the date of the final 
sustaining of such judgment on appeal, whichever is the later event, 
regardless of whether such conviction occurred before or after the 
date of enactment of this Act. 
AMENDMENT TO SECTION 3 0 2 , LABOR MANAGEMENT RELATIONS ACT, 1 9 4 7 
SEC. 505. Subsections (a), (b), and (c) of section 302 of the Labor 
Management Relations Act, 1947, as amended, are amended to read as 
^
® ^^^ ^
®
®
' 
follows : 
"SEC. 302. (a) It shall be unlawful for any employer or association 
of employers or any person who acts as a labor relations expert, adviser, 
or consultant to an employer or who acts in the interest of an employer 
to pay, lend, or deliver, or agree to pay, lend, or deliver, any money or 
other thing of value— 
"(1) to any representative of any of his employees who are 
employed in an industry affecting commerce; or 
"(2) to any labor organization, or any officer or employee 
thereof, which represents, seeks to represent, or would admit to 
membership, any of the employees of such employer who are em-
ployed in an industry affecting commerce; or 
"(3) to any employee or group or committee of employees of 
such employer employed in an industry affecting commerce in ex-
cess of their normal compensation for the purpose of causing such 
employee or group or committee directly or indirectly to influence 
any other employees in the exercise of the right to organize and 
538 
PUBLIC LAW 86-257-SEPT. 14, 1959 
[73 STAT. 
bargain collectively through representatives of their own choos-
ing ; or 
"(4) to any officer or employee of a labor organization engaged 
in an industry affecting commerce with intent to influence him in 
respect to any of his actions, decisions, or duties as a representa-
tive of employees or as such officer or employee of such labor or-
ganization. 
"(b) (1) It shall be unlawful for any person to request, demand, re-
ceive, or accept, or agree to receive or accept, any payment, loan, or 
delivery of any money or other thing of value prohibited by subsec-
tion (a). 
"(2) It shall be unlawful for any labor organization, or for any 
person acting as an officer, agent, representative, or employee of such 
labor organization, to demand or accept from the operator of any 
motor vehicle (as defined in part II of the Interstate Commerce Act) 
employed in the transportation of property in commerce, or the 
employer of any such operator, any money or other thing of value 
payable to such organization or to an officer, agent, representative or 
employee thereof as a fee or charge for the unloading, or in connection 
with the unloading, of the cargo of such vehicle: Provided^ That 
nothing in this paragraph shall be construed to make unlawful any 
payment by an employer to any of his employees as compensation for 
their services as employees. 
"(c) The provisions of this section shall not be applicable (1) in 
respect to any money or other thing of value payable by an employer 
to any of his employees whose established duties include acting openly 
for such employer in matters of labor relations or personnel adminis-
tration or to any representative of his employees, or to any officer 
or employee of a labor organization, who is also an employee or former 
employee of such employer, as compensation for, or by reason of, 
his service as an employee of such employer; (2) with respect to the 
payment or delivery of any money or other thing of value in satis-
faction of a judgment of any court or a decision or award of an arbi-
trator or impartial chairman or in compromise, adjustment, settle-
ment, or release of any claim, complaint, grievance, or dispute in 
the absence of fraud or duress; (3) with respect to the sale or pur-
chase of an article or commodity at the prevailing market price in 
the regular course of business; (4) with respect to money deducted 
from the wages of employees in payment of membership dues in a 
labor organization: Provided^ That the employer has received from 
each employee, on whose account such deductions are made, a written 
assignment which shall not be irrevocable for a period of more than 
one year, or beyond the termination date of the applicable collective 
agreement, whichever occurs sooner; (5) with respect to money or 
other thing of value paid to a trust fund established by such repre-
sentative, for the sole and exclusive benefit of the employees of such 
employer, and their families and dependents (or of such employees, 
families, and dependents jointly with the employees of other employers 
making similar payments, and their families and dependents) : Pro-
vided^ That (A) such payments are held in trust for the purpose of 
paying, either from principal or income or both, for the benefit of 
employees, their families and dependents, for medical or hospital care, 
pensions on retirement or death of employees, compensation for 
injuries or illness resulting from occupational activity or insurance 
to provide any of the foregoing, or unemployment benefits or life 
insurance, disability and sickness insurance, or accident insurance; 
(B) the detailed basis on which such payments are to be made is speci-
fied in a written agreement with the employer, and employees and 
employers are equally represented in the administration or such fund, 
73 S T A T . ] 
PUBLIC LAW 86-267-SEPT. 14, 1959 
539 
together with such neutral persons as the representatives of the 
employers and the representatives of employees may agree upon and 
in the event the employer and employee groups deadlock on the admin-
istration of such fund and there are no neutral persons empowered 
to break such deadlock, such agreement provides that the two groups 
shall agree on an impartial umpire to decide such dispute, or in event 
of their failure to agree within a reasonable length of time, an impar-
tial umpire to decide such dispute shall, on petition of either group, 
be appointed by the district court of the United States for the district 
where the trust fund has its principal office, and shall also contain 
provisions for an annual audit of the trust fund, a statement of the 
results of which shall be available for inspection by interested persons 
at the principal office of the trust fund and at such other places as 
may be designated in such written agreement; and (C) such pay-
ments as are intended to be used for the purpose of providing pen-
sions or annuities for employees are made to a separate trust which 
provides that the funds held therein cannot be used for any purpose 
other than paying such pensions or annuities; or (6) with respect 
to money or other thing of value paid by any employer to a trust fund 
established by such representative for the purpose of pooled vaca-
tion, holiday, severance or similar benefits, or defraying costs of 
apprenticeship or other training programs: Provided^ That the 
requirements of clause (B) of the proviso to clause (5) of this sub-
section shall apply to such trust funds." 
TITLE VI—MISCELLANEOUS PROVISIONS 
INVESTIGATIONS 
SEC. 601. (a) The Secretary shall have power when he believes it 
necessary in order to determine whether any person has violated or is 
about to violate any provision of this Act (except title I or amend-
ments made by this Act to other statutes) to make an investigation and 
in connection therewith he may enter such places and inspect such 
records and accounts and question such persons as he may deem neces-
sary to enable him to determine the facts relative thereto. 
The Secre-
tary may report to interested persons or officials concerning the facts 
required to be shown in any report required by this Act and concerning 
the reasons for failure or refusal to file such a report or any other 
matter which he deems to be appropriate as a result of such an 
investigation. 
(b) For the purpose of any investigation provided for in this Act, 
the provisions of sections 9 and 10 (relating to the attendance of wit-
nesses and the production of books, papers, and documents) of the 
Federal Trade Commission Act of September 16,1914, as amended (15 
U.S.C. 49, 50), are hereby made applicable to the jurisdiction, powers, 
^
® ^^^^' ^^'• 
and duties of the Secretary or any officers designated by him. 
EXTORTIONATE 
PICKETING 
SEC, 602. (a) It shall be unlawful to carry on picketing on or about 
the premises of any employer for the purpose of, or as part of any 
conspiracy or in furtherance of any plan or purpose for, the personal 
profit or enrichment of any individual (except a bona fide increase in 
wages or other employee benefits) by taking or obtaining any money 
or other thing of value from such employer against his will or with 
his consent. 
(b) Any person who willfully violates this section shall be fined 
not more than $10,000 or imprisoned not more than twenty years, 
or both. 
32716 O-60—37 
540 
PUBLIC LAW 86-257-SEPT. 14, 1959 
[73 STAT. 
RETENTION OF RIGHTS UNDER OTHER FEDERAL AND STATE LAWS 
SEC. 603. (a) Except as explicitly provided to the contrary, nothing 
in this Act shall reduce or limit the responsibilities of any labor organi-
zation or an^ officer, agent, shop steward, or other representative of a 
labor organization, or of any trust in which a labor organization is 
interested, under any other Federal law or under the laws of any State, 
and, except as explicitly provided to the contrary, nothing in this Act 
shall take away any right or bar any remedy to which members of a 
labor organization are entitled under such other Federal law or law of 
any State. 
(b) Nothing contained in titles I, II, III, IV, V, or VI of this Act 
shall be construed to supersede or impair or otherwise affect the provi-
45 x^c isil 
sions of the Railway Labor Act, as amended, or any of the obligations, 
rights, benefits, privileges, or immunities of any carrier, employee, 
organization, rej)resentative, or person subject thereto; nor shall any-
thing contained in said titles (except section 505) of this Act be con-
strued to confer any rights, privileges, immunities, or defenses upon 
employers, or to impair or otherwise affect the rights of any person 
29 u#c' /I?.' 
under the National Labor Relations Act, as amended. 
EFFECT ON STATE LAWS 
SEC. 604. Nothing in this Act shall be construed to impair or 
diminish the authority of any State to enact and enforce general 
criminal laws with respect to robbery, bribery, extortion, embezzle-
ment, grand larceny, burglary, arson, violation of narcotics laws, 
murder, rape, assault with intent to kill, or assault which inflicts 
grievous bodily injury, or conspiracy to commit any of such crimes. 
SERVICE OF PROCESS 
SEC. 605. For the purposes of this Act, service of summons, sub-
pena, or other legal process of a court of the United States upon an 
officer or agent of a labor organization in his capacity as such shall 
constitute service upon the labor organization. 
ADMINISTRATIVE PROCEDURE ACT 
s'ul^c^iooYnote. 
SEC. 606. The provisions of the Administrative Procedure Act shall 
be applicable to the issuance, amendment, or rescission of any rules 
or regulations, or any adjudication, authorized or required pursuant 
to the provisions of this Act. 
OTHER AGENCIES AND DEPARTMENTS 
SEC. 607. In order to avoid unnecessary expense and duplication of 
functions among Government agencies, the Secretary may make such 
arrangements or agreements for cooperation or mutual assistance in 
the performance of his functions under this Act and the functions of 
any such agency as he may find to be practicable and consistent with 
law. 
The Secretary may utilize the facilities or services of any depart-
ment, agency, or establishment of the United States or of any State 
or political subdivision of a State, including the services of any of its 
employees, with the lawful consent of such department, agency, or 
establishment; and each department, agency, or establishment of the 
United States is authorized and directed to cooperate with the Secre-
tary and, to the extent permitted by law, to provide such information 
and facilities as he may request for his assistance in the performance 
of his functions under this Act. 
The Attorney Greneral or his repre-
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
641 
sentative shall receive from the Secretary for appropriate action such 
evidence developed in the performance of his functions under this Act 
as may be found to warrant consideration for criminal prosecution 
under the provisions of this Act or other Federal law. 
CRIMINAL 
CONTEMPT 
SEC. 608. No person shall be punished for any criminal contempt 
allegedly committed outside the immediate presence of the court in 
connection with any civil action prosecuted by the Secretary or any 
other person in any court of the United States under the provisions 
of this Act unless the facts constituting such criminal contempt are 
established by the verdict of the jury in a proceeding in the district 
court of the United States, which jury shall be chosen and empaneled 
in the manner prescribed by the law governing trial juries in criminal 
prosecutions in the district courts of the United States. 
PROHIBITION ON CERTAIN DISCIPLINE BY LABOR ORGANIZATION 
SEC. 609. It shall be unlawful for any labor organization, or any 
officer, agent, shop steward, or other representative of a labor organ-
ization, or any employee thereof .to fine, suspend, expel, or otherwise 
discipline any of its members for exercising any right to which he is 
entitled under the provisions of this Act. 
The provisions of section 
102 shall be applicable in the enforcement of this section. 
DEPRIVATION OF RIGHTS UNDER ACT BY VIOLENCE 
SEC 610. It shall be unlawful for any person through the use of 
force or violence, or threat of the use of force or violence, to restrain, 
coerce, or intimidate, or attempt to restrain, coerce, or intimidate any 
member of a labor organization for the purpose of interfering with 
or preventing the exercise of any right to which he is entitled under 
the provisions of this Act. 
Any person who willfully violates this 
section shall be fined not more than $1,000 or imprisoned for not more 
than one year, or both. 
SEPARABILITY PROVISIONS 
S E C 611. If any provision of this Act, or the application of such 
provision to any person or circumstances, shall be held invalid, the 
remainder of this Act or the application of such provision to persons 
or circumstances other than those as to which it is held invalid, shall 
not be affected thereby. 
TITLE VII—AMENDMENTS TO T H E LABOR MANAGE-
MENT RELATIONS ACT, 1947, AS AMENDED 
F E D E R A L - S T A T E 
JURISDICTION 
SEC. 701. (a) Section 14 of the National Labor Relations Act, as 
29 use i64. 
amended, is amended by adding at the end thereof the following new 
subsection: 
"(c) (1) The Board, in its discretion, may, hj rule of decision or 
by published rules adopted pursuant to the Administrative Procedure 
Act, decline to assert jurisdiction over any labor dispute involving 
any class or category of employers, where, in the opinion of the Board, 
the effect of such labor dispute on commerce is not sufficiently substan-
tial to warrant the exercise of its jurisdiction: Provided, 
That the 
Board shall not decline to assert jurisdiction over any labor dispute 
542 
PUBLIC LAW 86-257-8EPT. 14, 1959 
[73 STAT. 
over which it would assert jurisdiction under the standards prevail-
ing upon August 1,1959. 
"(2) Nothing in this Act shall be deemed to prevent or bar any 
agency or the courts of any State or Territory (including the Com-
monwealth of Puerto Kico, Guam, and the Virgin Islands), from 
assuming and asserting jurisdiction over labor disputes over which 
the Board declines, pursuant to paragraph (1) of this subsection, to 
assert jurisdiction." 
29 use 153. 
(jj^ Section 3(b) of such Act is amended to read as follows: 
"(b) The Board is authorized to delegate to any group of three or 
more members any or all of the powers which it may itself exercise. 
The Board is also authorized to delegate to its regional directors its 
powers under section 9 to determine the unit appropriate for the pur-
pose of collective bargaining, to investigate and provide for hearings, 
and determine whether a question of representation exists, and to 
direct an election or take a secret ballot under subsection (c) or (e) 
of section 9 and certify the results thereof, except that upon the filing 
of a request therefor with the Board by any interested person, the 
Board may review any action of a regional director delegated to him 
under this paragraph, but such a review shall not, unless specifically 
ordered by the Board, operate as a stay of any action taken by the 
regional director. A vacancy in the Board shall not impair the right 
of the remaining members to exercise all of the powers of the Board, 
and three members of the Board shall, at all times, constitute a quorum 
of the Board, except that two members shall constitute a quorum of 
any group designated pursuant to the first sentence hereof. 
The 
Board shall have an official seal which shall be judicially noticed." 
29 u s e 159. 
29 u s e 159. 
ECONOMIC STRIKERS 
SEC. 702. Section 9 (c) (3) of the National Labor Relations Act, as 
amended, is amended by amending the second sentence thereof to read 
as follows: "Employees engaged in an economic strike who are not 
entitled to reinstatement shall be eligible to vote under such regula-
tions as the Board shall find are consistent with the purposes and 
provisions of this Act in any election conducted within twelve months 
after the commencement of the strike." 
VACANCY I N OFFICE OF GENERAL COUNSEL 
29 use 153. 
SEC. Y03. Section 3(d) of the National Labor Relations Act, as 
amended, is amended by adding after the period at the end thereof the 
following: "In case of a vacancy in the office of the General Counsel 
the President is authorized to designate the officer or employee who 
shall act as General Counsel during such vacancy, but no person or 
persons so designated shall so act (1) for more than forty days when 
the Congress is in session unless a nomination to fill such vacancy shall 
have been submitted to the Senate, or (2) after the adjournment 
sine die of the session of the Senate in w^hich such nomination was 
submitted." 
BOYCOTTS AND RECOGNITION PICKETING 
29 use 158. 
gj,(, 704 (a) Section 8 (b) (4) of the National Labor Relations Acit, 
as amended, is amended to read as follows: 
"(4) (i) to engage in, or to induce or encourage any individual 
employed by any person engaged in commerce or in an industry 
affecting commerce to engage in, a strike or a refusal in the 
course of his employment to use, manufacture, process, transport, 
or otherwise handle or work on any goods, articles, materials, or 
commodities or to perform any services; or (ii) to threaten, 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. 14, 1959 
543 
coerce, or restrain any person engaged in commerce or in an 
industry affecting commerce, where in either case an object 
thereof is— 
"(A) forcing or requiring any employer or self-employed 
person to join any labor or employer organization or to 
enter into any agreement which is prohibited by section 
8(e); 
"(B) forcing or requiring any person to cease using, sell-
ing, handling, transporting, or otherwise dealing m the 
products of any other producer, processor, or manufacturer, 
or to cease doing business with any other person, or forcing 
or requiring any other employer to recognize or bargain with 
a labor organization as the representative of his employees 
unless such labor organization has been certified as the rep-
resentative of such employees under the provisions of section 
9: Provided^ That nothing contained in this clause (B) shall 
be construed to make unlawful, where not otherwise unlaw-
ful, any primary strike or primary picketing; 
"(C) forcing or requiring any employer to recognize or 
bargain w4th a particular labor organization as the repre-
sentative of his employees if another labor organization has 
been certified as the representative of such employees under 
the provisions of section 9; 
"(D) forcing or requiring any employer to assign par-
ticular work to employees in a particular labor organization 
or in a particular trade, craft, or class rather than to 
employees in another labor organization or in another trade, 
craft, or class, unless such employer is failing to conform to 
an order or certification of the Board determining the bar-
gaining representative for employees performing such work: 
Provided^ That nothing contained in this subsection (b) shall be 
construed to make unlawful a refusal by any person to enter upon 
the premises of any employer (other than his own employer), 
if the employees of such employer are engaged in a strike ratified 
or approved by a representative of such employees whom such 
employer is required to recognize under this Act: 
Provided 
further^ That for the purposes of this paragraph (4) only, nothing 
contained in such paragraph shall be construed to prohibit pub-
licity, other than picketing, for the purpose of truthfully advis-
ing the public, including consumers and members of a labor 
organization, that a product or products are produced by an 
employer with whom the labor organization has a primary dis-
pute and are distributed by another employer, as long as such 
publicity does not have an eflfect of inducing any individual 
employed by any person other than the primary employer in the 
course of his employment to refuse to pick up, deliver, or trans-
port any goods, or not to perform any services, at the establish-
ment of the employer engaged in such distribution;". 
29 use 158. 
(b) Section 8 of the National Labor Relations Act, as amended, is 
amended by adding at the end thereof the following new subsection: 
"(e) It shall be an unfair labor practice for any labor organization 
and any employer to enter into any contract or agreement, express or 
implied, whereby such employer ceases or refrains or agrees to cease 
or refrain from handling, using, selling, transporting or otherwise 
dealing in any of the products of any other employer, or to cease 
doing business with any other person, and any contract or agree-
ment entered into heretofore or hereafter containing such an agree-
ment shall be to such extent unenforcible and void: Provided'^ That 
nothing in this subsection (e) shall apply to an agreement between 
644 
PUBLIC LAW 86-257-8EPT. 14, 1959 
[73 STAT. 
a labor organization and an employer in the construction industry 
relating to the contracting or subcontracting of work to be done at 
the site of the construction, alteration, painting, or repair of a build-
ing, structure, or other work: Provided further^ That for the pur-
poses of this subsection (e) and section 8(b) (4) (B) the terms 'any 
employer', 'any person engaged in commerce or an industry affecting 
commerce', and 'any person' when used in relation to the terms 'any 
other producer, processor, or manufacturer', 'any other employer', 
or 'any other person' shall not include persons in the relation of a 
jobber, manufacturer, contractor, or subcontractor working on the 
goods or premises of the jobber or manufacturer or performing parts 
of an integrated process of production in the apparel and clothing 
industry: Provided further^ That nothing in this Act shall prohibit 
the enforcement of any agreement which is within the foregoing 
exception." 
(c) Section 8(b) of the National Labor Relations Act, as amended, 
is amended by striking out the word "and" at the end of paragraph 
(5), striking out the period at the end of paragraph (6), and inserting 
in lieu thereof a semicolon and the word "and", and adding a new 
paragraph as follows: 
"(7) to picket or cause to be picketed, or threaten to picket or 
cause to be picketed, any employer where an object thereof is 
forcing or requiring an employer to recognize or bargain with a 
labor organization as the representative of his employees, or 
forcing or requiring the employees of an employer to accept or 
select such labor organization as their collective bargaining repre-
sentative, unless such labor organization is currently certified as 
the representative of such employees: 
"(A) where the employer has lawfully recognized in 
accordance with this Act any other labor organization and 
a question concerning representation may not appropriately 
be raised under section 9(c) of this Act, 
"(B) where within the preceding twelve months a valid 
election under section 9(c) of this Act has been conducted, or 
"(C) where such picketing has been conducted without a 
petition under section 9(c) being filed within a reasonable 
period of time not to exceed thirty days from the commence-
ment of such picketing: Provided^ That when such a petition 
has been filed the Board shall forthwith, without regard to 
the provisions of section 9(c) (1) or the absence of a showing 
of a substantial interest on the part of the labor organization, 
direct an election in such unit as the Board finds to be appro-
priate and shall certify the results thereof: Provided 
further^ 
That nothing in this subparagraph (C) shall be construed to 
prohibit any picketing or other publicity for the purpose of 
truthfully advising the public (including consumers) that 
an employer does not employ members of, or have a contract 
with, a labor organization, unless an effect of such picketing 
is to induce any individual employed by any other person in 
the course of his employment, not to pick up, deliver or trans-
port any goods or not to perform any services. 
"Nothing in this paragraph (7) shall be construed to permit 
any act which would otherwise be an unfair labor practice under 
this section8(b)." 
29 use 160. 
(d) Section 10(1) of the National Labor Relations Act, as amended, 
is amended by adding after the words "section 8(b)," the words "or 
section 8(e) or section 8(b) (7)," and by striking out the period at 
the end of the third sentence and inserting in lieu thereof a colon and 
the following: '"''Provided further, 
That such officer or regional 
73 S T A T . ] 
PUBLIC LAW 86-257-SEPT. U, 1959 
attorney shall not apply for any restraining order under section 
8(b) (7) if a charge against the employer under section 8(a) (2) has 
been filed and after the preliminary investigation, he has reasonable 
cause to believe that such charge is true and that a complaint should 
1SSI16 
(ej Section 303(a) of the Labor Management Relations Act, 1947, 
29 use i87. 
is amended to read as follows: 
"(a) It shall be unlawful, for the purpose of this section only, in 
an industry or activity affecting commerce, for any labor organization 
to engage in any activity or conduct defined as an unfair labor prac-
tice in* section 8(b)(4) of the National Labor Relations Act, as 
amended." 
BUILDING AND CONSl'RUCTION INDUSTRY 
SEC. 705. (a) Section 8 of the National Labor Relations Act, as 
29 use iss. 
amended by section 704(b) of this Act, is amended by adding at the 
end thereof the following new subsection: 
"(fj It shall not be an unfair labor practice under subsections (a) 
and (b) of this section for an employer engaged primarily in the 
building and construction industry to make an agreement covering 
employees engaged (or who, upon their employment, will be engaged) 
in the building and construction industry with a labor organization 
of which building and construction employees are members (not estab-
lished, maintained, or assisted by any action defined in section 8(a) 
of this Act as an unfair labor practice) because (1) the majority status 
of such labor organization has not been established under the provi-
sions of section 9 of this Act prior to the making of such agreement, or 
(2) such agreement requires as a condition of employment, member-
ship in such labor organization after the seventh day following the 
l)eginning of such employment or the effective date of the agreement, 
whichever is later, or (3) such agreement requires the employer to 
notify such labor organization of opportunities for employment with 
such employer, or gives such labor organization an opportunity to 
refer qualified applicants for such employment, or (4) such agreement 
specifies minimum training or experience qualifications for employ-
ment or provides for priority in opportunities for employment based 
upon length of service with such employer, in the industry or in the 
particular geographical area: Provided^ That nothing in this subsec-
tion shall set aside the final proviso to section 8(a) (3) of this Act: 
Provided further^ That any agreement which would be invalid, but for 
clause (1) of this subsection, shall not be a bar to a petition filed pur-
suant to section 9 (c) or 9 (e)." 
(b) Nothing contained in the amendment made by subsection (a) 
shall be construed as authorizing the execution or application of 
agreements requiring membership in a labor organization as a condi-
tion of employment in any State or Territory in which such execution 
or application is prohibited by State or Territorial law. 
PRIORITY I N CASE HANDLING 
SEC. 706. Section 10 of the National Labor Relations Act, as 
^9 use 160. 
amended, is amended by adding at the end thereof a new subsection 
as follows: 
"(m) Whenever it is charged that any person has engaged in an 
unfair labor practice within the meaning of subsection (a) (3) or 
(b) (2) of section 8, such charge shall be given priority over all other 
cases except cases of like character in the office where it is filed or to 
which it is referred and cases given priority under subsection (1)." 
545 
546 
PUBLIC LAW 86-258-SEPT. 14, 1959 
[73 ST A T . 
EFFECTIVE DATE OF AMENDMENTS 
SEC. 707. The amendments made by this title shall take effect sixty 
days after the date of the enactment of this Act and no provision of 
this title shall be deemed to make an unfair labor practice, any act 
which is performed prior to such effective date which did not con-
stitute an unfair labor practice prior thereto. 
Approved September 14, 1959. 
Public Law 86-258 
September 14, 1959 
A N 
A C T 
^^' ^^^^1 
To authorize the appointment of a commissioner for Grand Canyon National 
Park, Arizona. 
Grand 
C a n y o n 
N a t i o n a l 
Park, 
Ariz. 
Appointment 
o f 
commissioner. 
Petty 
trial. 
62 Stat. 684 
62 Stat. 831. 
Salary. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the United 
States District Court for the District of Arizona shall appoint a 
special commissioner for the Grand Canyon National Park, Arizona. 
The commissioner shall hold office for four years, unless sooner 
removed by the district court, and he shall be subject to the general 
laws and requirements applicable to United States commissioners, 
offenses, 
g^Q 2. The jurisdictiou of the commissioner in adjudicating cases 
brought before him shall be limited to the trial, and sentencing upon 
conviction, of persons charged with the commission of those misde-
meanors classified as petty offenses (18 U.S.C. 1) relating to the vio-
lation of Federal laws or regulations applicable within the park: 
Provided^ That any person charged with a petty offense may elect to be 
tried in the district court of the United States; and the commissioner 
shall apprise the defendant of his right to make such election, but 
shall not proceed to try the case unless the defendant, after being so 
apprised, signs a written consent to be tried before the commissioner. 
The exercise of additional functions by the commissioner shall be con-
sistent with and be carried out in accordance with the authority, laws, 
and regulations of general application to United States commis-
sioners. The rules of procedure set forth in title 18, section 3402, of 
the United States Code, shall be followed in the handling of cases by 
such commissioner. 
The probation laws shall be applicable to persons 
tried by the commissioner and he shall have power to grant probation. 
SEC. 3. The commissioner shall receive an annual salary to be fixed 
by the district court with the approval of the Judicial Conference of 
the United States and shall account for all fees, fines, and costs col-
lected by him as public moneys. He shall reside within the boundary 
of the park or at some place reasonably adjacent thereto designated by 
the Secretary of the Interior with the approval of the district court. 
Approved September 14, 1959. 
Public Law 86-259 
September 14, 1959 
[S. 1645] 
AN ACT 
To amend section 4161 of title 18, United States Code, relating to computation 
of good time allowances for prisoners. 
62 Stat. 853. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the first para-
graph of section 4161 of title 18, United States Code, is amended by 
striking out the words "to be credited as earned and computed 
monthly". 
Approved September 14, 1959.