Olms interpretative Manual

TERMINALINFORMATIONREPORTS

203.102SEE29CFR402.5

203.105 COMBINED REPORTS

Where locals have gone out of existence the technical requirements of the Act provide forterminal labor organization reports, financial reports (if necessary), and terminal financialreports. If convenient to combine these reports in any way, it is possible to do so, so long as allof the information required in the Regulations is contained in the reports. (The specificrequirements for the terminal reports are discussed in section 402.5 and 403.5 of theRegulations.)

REQUIREMENTTOADOPTACONSTITUTIONANDBYLAWS

204.001LMRDA,SECTION201(a)

Every labor organization shall adopt a constitution and bylaws and shall file a copy thereofwith the Secretary, together with a report, signed by its president and secretary or correspondingprincipalofficers,containingthe following information--. . .

204.002SEE29CFR402.1,402.3(b)

204.005DIFFERENCEBETWEENCONSTITUTIONANDBYLAWS

Section 201 requires the adoption of written documents which contain the substance of what isgenerally contained in the constitution and bylaws of an organization. Ordinarily the two termsare distinguishable to the extent that the document which sets forth the mode of organization, thefundamental organic law, and the principles governing the body, and which enacts andestablishes the organization and fixes the structure and the aggregate of powers of the associationis denoted as the constitution. The term "bylaws", on the other hand, is generally used to denotetherules, detailsand regulationsapplicabletotheinternalaffairsoftheassociation.

According to Webster, bylaws would include such matters as duties of members, fees or dues,authority in case of disputes and the order of business. It is stated in section 402.1 of theRegulations that "as used in this part 'constitution and bylaws' means the basic written rulesgoverning the organization." If the constitution incorporates the substance of what may moreoften be described as bylaws, and if in fact it includes all of the basic written rules governing theorganization, and if other bylaws, as that term is usually understood, either denominated as suchor otherwise, actually do not exist, no formal adoption thereof need be made. However, in suchcase a statement should be included in the LM-1 report to the effect that the constitutionembodies all of the basic written rules governing the organization, and that no bylaws as suchhavebeenadopted.

See also Manual Entries 204 ff.(TechnicalRevisions:Dec.2016)

204.200ADOPTIONOFINTERNATIONALCONSTITUTIONBYLOCAL

Section 201 of the Act requires a labor organization to adopt a constitution and bylaws and filea copy with the Secretary. This section presumes that the constitution and bylaws adopted will beadequate for the operation of the adopting labor organization and that the provisions will be inaccordance with the Act. Where a local union adopts the constitution and bylaws of a parentunion,suchdocumentsmustcontainprovisionswhichareapplicabletotheadoptingunion.

Where the language of an adopted International constitution and bylaws is limited in itsapplication to the conduct of the International's business and no provisions are made for theguidance of the internal operation of subordinate unions, then any subordinate union whichadopts such documents as its own without any additions, has not met the requirements of Title IIofthe Act.

SeealsoManualEntries205ff.