From: http://www.dol.gov/olms/regs/statutes/lmrda-act.htm ...
TITLE V-SAFEGUARDS FOR LABOR ORGANIZATIONS ...
Fiduciary Responsibility of Officers of Labor Organizations ...(29 U.S.C. 501) ...
SEC. 501. (a) The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organization and its members as a group. It is, therefore, 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 connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, 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 general 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 subsection.
(a) and the labor organization or its governing board or officers 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 member 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 member of the labor organization and to compensate such member for any expenses necessarily paid or incurred by him in connection with the litigation.
(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 organization 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.
(29 U.S.C. 439) 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 information 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 statements 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.
(29 U.S.C. 440) 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.
The time has arrived for 1456 members to contact the United States Government, Labor Department, Office of Labor-Management Standards (OLMS), and request enforcement of the above.
New York District Office
U.S. Department of Labor, OLMS
Ralph Gerchak, District Director
201 Varick St., Room 878
New York, NY 10014
Office of Labor-Management Standards (OLMS)
How To File a Complaint with OLMS
The Office of Labor-Management Standards (OLMS) conducts both criminal and civil investigations of alleged violations of the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws.
OLMS criminal investigations involve:
the embezzlement or theft of union funds, property or assets
recordkeeping and reporting violations such as false statements, false reports and destruction
the use or threatened use of force or violence to restrain, coerce or intimidate a member in order to interfere with or prevent the member from exercising their LMRDA rights
extortionate picketing - picketing on or about an employer’s premises for the personal profit of
any individual by obtaining money from the employer
prohibitions against persons convicted of certain felonies holding union office or employment in certain positions
unlawful acts relating to trusteeships, loans to officers and payment of fines
union election fraud where there has been ballot tampering or other illegal acts committed in order to influence the outcome of the election
Criminal investigations are opened based on various sources of information including complaints. Please contact the OLMS field office closest to you if you want to provide information about a criminal matter. You do not have to tell us your name in order to provide information. However, you should be prepared to provide us with information identifying the union and persons involved and describe the suspected illegal activity.
"How To File a Complaint with OLMS"
Get on the 1 train , off at the NYCDCC Houston st. stop,
Halfway between there & the council turn left,
Walk into the Veterans Affairs Building, ask for the OLMS office.
Have You or anyone else you know done this ?
Fundamental Pointer, - Take at least one brother with you !
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