Olms interpretative Manual

PROHIBITONAGAINSTCOMMUNISTS

551.005

In the case of United Statesv. Brown, 381 U.S. 437 (1965), the U.S. Supreme Courtdeclared that the portion of section 504 (Prohibition Against Certain Person Holding Office)relating to membership in the Communist Party, was unconstitutional on the grounds that thelanguageofthestatute amountedtoabill ofattainder withinthe meaningofArticle1,section 9,of the Constitution.381U.S. at 441-51.

Inview ofthe separability clauseinsection 611of the LMRDA,section504 continuestobein full force and effectwith regard to the convictprovisions thereof.

UnitedStatesv.Brown, 381 U.S.437, 59 LRRM2353 (1965).

(TechnicalRevisions:Dec. 2016)

PROHIBITIONAGAINSTCONVICTS

552.001 LMRDA, SECTION 504See Manual Entry 550.001(Revised:Dec. 2016)

552.005LAWOFJURISDICTIONDETERMINESOFFENSE

The law of the jurisdiction under which the conviction occurs determines whether theoffense is one of the crimes specified.For convictions for crimes under state law, courts willdetermine, drawing guidance from that state’s law, whether the crime is equivalent to one of thoseidentified in Section 504(a).See, e.g., Hermanv. American Postal Workers Union, 995 F.Supp.1,2,157 LRRM2623 (D.D.C.1997); Bermanv.Local 107,237 F.Supp. 767,770-772, 58LRRM

2009 (E.D. Pa.1964). The prohibition applies even if the person convicted has not lost hiscitizenshiprights asa result of the conviction.

(Revised:Dec. 2016)

552.010FOREIGNCONVICTION

The prohibition in section 504 on the holding of union office by a person convicted of anyof the crimes enumerated therein is applicable to foreign convictions as well as domesticconvictionsunder certaincircumstances.

Assuming that he was accorded due process of law, an officer of an International union,subject to the jurisdiction of the United States and whose membership consists predominantly ofresidentsofthe UnitedStates,who isconvicted underCanadianlaw ofa crimewhichcorrespondssubstantially with one of the crimes listed in section 504, is barred from holding internationaloffice.
552.100CLASSIFICATION ASMISDEMEANORORFELONY

The defendant was convicted of a violation of section 504(a) of LMRDA in that he servedasan organizerfor alocal unionwithin fiveyears after “conviction forconspiracytocommit

extortion.” At the same trial, the president of the local union was convicted of violation of section504(a) for knowingly permitting the defendant to assume and hold a paid position as an organizerof the local.

The defendant moved for a new trial contending (1) that his conviction of conspiracy tocommitextortionundersection 580ofthe PenalLawsofthe StateofNewYork isamisdemeanorandthatsection 504 onlydisqualifiespersons convicted of felonies fromholdingoffice.

Indenyingthe defendant’smotion fora newtrial,the courtstated:

“The restrictive interpretation urged by defendants would attenuate the corrective action declaredin section 504. The section speaks of disqualification of persons convicted of misdemeanors, inproscribingemployment by alabor organizationofpersonsconvicted ofa ‘violationof TitleII orIII of this Act.’ The Court concludes that persons convicted of any of the crimes stated in section504(a)are ineligible,whether such crimesbe classified asa misdemeanor orfelony.”

UnitedStatesv. Priore,236 F.Supp.542,56 LRRM2580 (E.D.N.Y.1964).

(TechnicalRevisions:Dec. 2016)

552.150 WHERE ELEMENTS OF CRIME INCLUDE CRIME LISTED IN SECTION 504Alabororganizationofficerconvictedofacrime underaFederalorStatestatute, and
actuallyincarceratedas aresultthereof, issubjectto thebanonholdingunion officeifthe crimeof which he is convicted requires as an essential element thereof any of the crimes enumerated insection 504(a).
Seelanguage of Section (504(a); see also United Statesv. Priore, 236 F.Supp. 542, 56 LRRM2580 (E.D.N.Y.1964).

(TechnicalRevisions:Dec. 2016)

552.200CONVICTION,NOTINDICTMENT,GOVERNS

Where a man is charged with conspiracy to bribe, but is indicted and convicted forconspiracyto defraudthe UnitedStates, heis notconvicted ofany of theoffenses enumeratedin504(a), nor of a conspiracy to commit any such crimes, and therefore is not precluded fromserving asaunion officer.

552.205CONVICTIONBASEDONCONFESSION

Section 504(a) of the LMRDA prohibits a person who has been convicted of extortionfromholding officein aunion forthirteen yearsafterthe dateofconviction.A convictionbasedona confession is nonetheless a conviction.

(Revised:Dec.2016)

552.208WHENPROHIBITIONBEGINS

The prohibitions of Section 504(a) begin upon the person’s conviction or the end of theperson’s imprisonment, whichever is later.See Manual Entry 550.001 (language of Section504(a)).For purposes of determining whether a person’s “conviction” has occurred, courtsconsider state law, but also consider whether the purposes of Section 504 would be served bypostponing the start of the period of prohibition.SeeHarmonv. Teamsters Local Union 371, 832F.2d976, 978-80 (7th Cir.1987).

552.210APPEALOF CONVICTION

SeeManualEntry550.001(languageof Section504(a)(d)thatexplainshowconvictedperson’ssalarywillbepaid into escrow whileany appeal is pending).

Section504(d) createsanimplied rightof actionfora union officialaggrieved by aunion’s failureto escrow his salary when required by Section 504(d). McMahanv. International Association ofBridge,Structural and Ornamental Iron Workers,964 F.2d 1462, 1466 (4thCir. 1992).

(Revised:Dec. 2016 andJan. 2021)

*552.220DENIALOFCERTIORARI

As set forth in Manual Entry 550.001, §504(d) provides that a convicted person’s salarywill be paid into escrow “for the duration of the appeal” and that “[u]pon the final reversal of suchperson’sconviction” theamountsin escrowwould bepaid tothat person.The references to

“durationofappeal”and“finalreversal”inthisprovisionindicatethat notuntiltheU.S.SupremeCourt has denied certiorari or the time has expired for seeking certiorari should the amounts inescrowbe paid to whomever is entitled to themunder §504(d).

(Revised:Dec. 2016)

552.500NATURALIZATIONOF CONVICT

X, an alien residing in the United States, is convicted in a State court of one of the crimesenumeratedinsection504(a)andsentencedtoaterminprison.Afterservingpartofhissentence,Xis paroled. While in a parole status he becomes a citizen of the United States. Subsequently heisreleased fromparole. Ximmediately seekstorun for office ina labor organization.

QUESTION:

Is Xrequired to wait thirteen years after the time he was released from parole (i.e., the end of hissentence) before he is eligible to be an officer of a labor organization, or is the fact that Xobtainedcitizenship subsequent to the commission of the crime equivalent, for the purpose of LMRDA, tothe restoration of citizenship rights set forth in section 504(a) thereby making him immediatelyeligible?

HELD:
Naturalization as a United States citizen cannot be equated with the restoration of citizenshiprights set forth in section 504(a). Section 504 is directed to the withdrawal of certain rightsincident to citizenship such as the right to vote, the right to hold certain offices, etc. These rightsare commonly denied an individual convicted of a felony and incarcerated in a penitentiary. Hisstatusasa citizenof theUnitedStates isnotwithdrawn, heismerelyplacedunder aimpedimentbyastate. Whilean individualisserving undersuch animpedimenthe isineligible toserveasa

unionofficer.His eligibilitywould berestoredonly whenalloftherightswhichare deniedhimasaresult of aconviction have been restored.Inshort, securingofU.S. citizenship through
naturalizationisnottheequivalentofbeingfullypardoned(andtherebyhavingone’scitizenshiprightsfully restored) forpurposes of section 504.

(Revised:Dec. 2016)

552.600RESTORATION OFCITIZENSHIP RIGHTS

A union member convicted of one of the crimes enumerated in section 504 andincarceratedin thepenitentiaryas aresult ofsuch convictionisprohibitedfromholding unionoffice onlyfor the period following the termination of his imprisonment, even though hiscitizenshiprights have not been restored.

(Revised:Dec.2016 andTechnical Revision:Dec. 2019)