CITE
29 USC Sec. 504 01/05/2009
EXPCITE
TITLE 29 - LABOR
CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS
HEAD
Sec. 504. Prohibition against certain persons holding office
STATUTE
(a) Membership in Communist Party; persons convicted of robbery,
bribery, etc.
No person who is or has been a member of the Communist Party or
who has been convicted of, or served any part of a prison term
resulting from his conviction of, robbery, bribery, extortion,
embezzlement, grand larceny, burglary, arson, violation of
narcotics laws, murder, rape, assault with intent to kill, assault
which inflicts grievous bodily injury, or a violation of subchapter
III or IV of this chapter (!1) any felony involving abuse or misuse
of such person's position or employment in a labor organization or
employee benefit plan to seek or obtain an illegal gain at the
expense of the members of the labor organization or the
beneficiaries of the employee benefit plan, or conspiracy to commit
any such crimes or attempt to commit any such crimes, or a crime in
which any of the foregoing crimes is an element, shall serve or be
permitted to serve -
(1) as a consultant or adviser to any labor organization,
(2) as an officer, director, trustee, member of any executive
board or similar governing body, business agent, manager,
organizer, employee, or representative in any capacity of any
labor organization,
(3) as a labor relations consultant or adviser to a person
engaged in an industry or activity affecting commerce, or as an
officer, director, agent, or employee of any group or association
of employers dealing with any labor organization, or in a
position having specific collective bargaining authority or
direct responsibility in the area of labor-management relations
in any corporation or association engaged in an industry or
activity affecting commerce, or
(4) in a position which entitles its occupant to a share of the
proceeds of, or as an officer or executive or administrative
employee of, any entity whose activities are in whole or
substantial part devoted to providing goods or services to any
labor organization, or
(5) in any capacity, other than in his capacity as a member of
such labor organization, that involves decisionmaking authority
concerning, or decisionmaking authority over, or custody of, or
control of the moneys, funds, assets, or property of any labor
organization,
during or for the period of thirteen years after such conviction or
after the end of such imprisonment, whichever is later, unless the
sentencing court on the motion of the person convicted sets a
lesser period of at least three years after such conviction or
after the end of such imprisonment, whichever is later, or unless
prior to the end of such 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) if the offense is a Federal offense, the sentencing judge
or, if the offense is a State or local offense, the United States
district court for the district in which the offense was committed,
pursuant to sentencing guidelines and policy statements under
section 994(a) of title 28, determines that such person's service
in any capacity referred to in clauses (1) through (5) would not be
contrary to the purposes of this chapter. Prior to making any such
determination the court shall hold a hearing and shall give notice
of such proceeding by certified mail to the Secretary of Labor and
to State, county, and Federal prosecuting officials in the
jurisdiction or jurisdictions in which such person was convicted.
The court's determination in any such proceeding shall be final. No
person shall knowingly hire, retain, employ, or otherwise place any
other person to serve in any capacity in violation of this
subsection.
(b) Penalty for violations
Any person who willfully violates this section shall be fined not
more than $10,000 or imprisoned for not more than five years, or
both.
(c) Definitions
For the purpose of this section -
(1) A person shall be deemed to have been "convicted" and under
the disability of "conviction" from the date of the judgment of
the trial court, regardless of whether that judgment remains
under appeal.
(2) A period of parole shall not be considered as part of a
period of imprisonment.
(d) Salary of person barred from labor organization office during
appeal of conviction
Whenever any person -
(1) by operation of this section, has been barred from office
or other position in a labor organization as a result of a
conviction, and
(2) has filed an appeal of that conviction,
any salary which would be otherwise due such person by virtue of
such office or position, shall be placed in escrow by the
individual employer or organization responsible for payment of such
salary. Payment of such salary into escrow shall continue for the
duration of the appeal or for the period of time during which such
salary would be otherwise due, whichever period is shorter. Upon
the final reversal of such person's conviction on appeal, the
amounts in escrow shall be paid to such person. Upon the final
sustaining of such person's conviction on appeal, the amounts in
escrow shall be returned to the individual employer or organization
responsible for payments of those amounts. Upon final reversal of
such person's conviction, such person shall no longer be barred by
this statute (!2) from assuming any position from which such person
was previously barred.
SOURCE
(Pub. L. 86-257, title V, Sec. 504, Sept. 14, 1959, 73 Stat. 536;
Pub. L. 98-473, title II, Secs. 229, 803, Oct. 12, 1984, 98 Stat.
2031, 2133; Pub. L. 100-182, Sec. 15(a), Dec. 7, 1987, 101 Stat.
1269.)
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-182, in concluding provisions,
substituted "if the offense is a Federal offense, the sentencing
judge or, if the offense is a State or local offense, the United
States district court for the district in which the offense was
committed, pursuant to sentencing guidelines and policy statements
under section 994(a) of title 28," for "the United States Parole
Commission", "court" and "court's" for "Commission" and
"Commission's", respectively, and "a hearing" for "an
administrative hearing".
1984 - Subsec. (a). Pub. L. 98-473, Sec. 229, which directed
substitution of "if the offense is a Federal offense, the
sentencing judge or, if the offense is a State or local offense, on
motion of the United States Department of Justice, the district
court of the United States for the district in which the offense
was committed, pursuant to sentencing guidelines and policy
statements issued pursuant to section 994(a) of title 28," for "the
Board of Parole of the United States Justice Department", "court"
and "court's" for "Board" and "Board's", respectively, and "a" for
"an administrative", was (except for the last substitution)
incapable of execution in view of the previous amendment by section
803(a) of Pub. L. 98-473 which became effective prior to the
effective date of the amendment by section 229. See note below.
Pub. L. 98-473, Sec. 803(a), in amending provisions after "or a
violation of subchapter III or IV of the chapter" generally,
inserted provisions relating to abuse or misuse of employment in a
labor organization or employee benefit plan, substituted
"conspiracy to commit any such crimes or attempt to commit any such
crimes, or a crime in which any of the foregoing crimes is an
element" for "conspiracy to commit any such crimes", added par.
(1), redesignated former par. (1) as (2) and in par. (2) as so
redesignated substituted "employee, or representative in any
capacity of any labor organization" for "or other employee (other
than as an employee performing exclusively clerical or custodial
duties) of any labor organization, or", redesignated former par.
(2) as (3) and in par. (3) as so redesignated inserted "or advisor"
after "consultant", struck out "(other than as an employee
performing exclusively clerical or custodial duties)" after
"employee", and inserted "or in a position having specific
collective bargaining authority or direct responsibility in the
area of labor-management relations in any corporation or
association engaged in an industry or activity affecting commerce,
or", added pars. (4) and (5), struck out "or for five years after
the termination of his membership in the Communist Party,"
substituted "the period of thirteen years" for "five years",
inserted "whichever is later, unless the sentencing court on the
motion of the person convicted sets a lesser period of at least
three years after such conviction or after the end of such
imprisonment, whichever is later, or", substituted in cl. (B)
"United States Parole Commission" for "Board of Parole of the
United States Department of Justice", and in the provisions
following cl. (B) substituted "Commission" and "Commission's" for
"Board" and "Board's", respectively, inserted provision of notice
to the Secretary of Labor, and substituted "No person shall
knowingly hire, retain, employ, or otherwise place any other person
to serve in any capacity in violation of this subsection" for "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".
Subsec. (b). Pub. L. 98-473, Sec. 803(b), amended subsec. (b)
generally, substituting "five years" for "one year".
Subsec. (c). Pub. L. 98-473, Sec. 803(c), designated existing
provisions as par. (1), substituted provisions defining conviction
as from date of judgment of trial court, regardless of appeal, for
former provisions defining it as from date of judgment of trial
court or date of final sustaining of judgment on appeal, whichever
is later, regardless of whether such conviction occurred before or
after Sept. 14, 1959, and added par. (2).
Subsec. (d). Pub. L. 98-473, Sec. 803(d), added subsec. (d).
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
set out as a note under section 3006A of Title 18, Crimes and
Criminal Procedure.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 229 of Pub. L. 98-473 effective Nov. 1,
1987, and applicable only to offenses committed after the taking
effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
set out as an Effective Date note under section 3551 of Title 18,
Crimes and Criminal Procedure.
Section 804 of title II of Pub. L. 98-473 provided that:
"(a) The amendments made by section 802 [amending section 1111 of
this title] and section 803 [amending this section] of this title
shall take effect with respect to any judgment of conviction
entered by the trial court after the date of enactment of this
title [Oct. 12, 1984], except that that portion of such amendments
relating to the commencement of the period of disability shall
apply to any judgment of conviction entered prior to the date of
enactment of this title if a right of appeal or an appeal from such
judgment is pending on the date of enactment of this title.
"(b) Subject to subsection (a) the amendments made by sections
803 and 804 [probably should be sections 802 and 803] shall not
affect any disability under section 411 of the Employee Retirement
Income Security Act of 1974 [section 1111 of this title] or under
section 504 of the Labor-Management Reporting and Disclosure Act of
1959 [this section] in effect on the date of enactment of this
title [Oct. 12, 1984]."
FOOTNOTE
(!1) So in original. Probably should be followed by a comma.
(!2) So in original. Probably should be "section".