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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".
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