Olms interpretative Manual
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NA9OKN9N8WdmVPlg861
ENFORCEMENT
ENFORCEMENTINGENERAL 601.001LMRDA, SECTION601(a) The Secretary shall have power when he believes it necessary in order to determinewhether any person has violated or is about to violate any provision of this Act (except title I oramendments made by this Act to other statutes) to make an investigation and in connectiontherewith he may enter such places and inspect such records and accounts and question suchpersons as he may deem necessary to enable him to determine the facts relative thereto. TheSecretarymay reporttointerestedpersons or officialsconcerning thefacts required tobe showninany report required by this Act and concerning the reasons for failure or refusal to file such areportor anyother matterwhich hedeemsto beappropriateas aresult ofsuch aninvestigation. 601.005SECRETARYMAYDELEGATEPOWERS Section 601 and Section 607 give the Secretary of Labor authority to delegate (1) hisinvestigatory and subpoena powers to subordinate officers of his department and (2) hisinvestigatorypowerstoother departmentalagencies,including theDepartmentofJustice. Goldbergv.Battles,196F.Supp. 749(E.D. Pa. 1961),aff’d, 299 F.2d937 (3dCir.) 48LRRM 2820, cert. denied, 371 U.S. 817, 51 LRRM 2222 (1962).See alsoMemorandum ofUnderstanding Between the Departments of Justice and Labor Relating to the Investigation andProsecution of Crimes and Civil Enforcement Actions Under the Labor-Management ReportingandDisclosureActof1959(Pub.L.86–257), 75FR20602(April20,2005);Secretary’sOrder 03-2012,77 FR 69376 (Nov. 16, 2012); 78 FR8024 (Feb. 5, 2013). (Revised:Dec. 2016) 601.100SUBPOENAOFDEPARTMENT’SRECORDS In an action brought by the Secretary of Labor under section 402, defendant unionobtained a subpoena duces tecum calling for wholesale disclosure of memoranda, reports andstatementsin possessionof LMWP.The union soughtthismaterialin supportof itsdefensesthatthe complaint filed under section 402(a) by a union member was not timely filed and wasunlawfullysolicited bythe Secretary. On a motion to quash the subpoena, the Government contended that the subpoena soughtdocumentsandinformationcallingfordisclosureofinformant’scommunicationsandinformation as to the internal operations of the Department and that he has made no showing of good cause asrequiredby the rules of procedure. The court stated that the subpoena, by its terms sought disclosure of a variety of materialwhose relevance to any issue in the case was not apparent. Without deciding the force of theGovernment’s arguments with respect to inspection of any particular document, the court held thatfederal discovery processes are not intended to require such wholesale disclosure as iscontemplatedby the subpoena in this case. Themotion to quash was granted. Wirtzv. Local Union 169, International Brotherhood of Hod Carriers, 58 LRRM 2364 (D.Nev.1965).SeealsoDolev. Local 1942, International Brotherhood of Electrical Workers, 870F.2d 368 ,130 LRRM 2850 (7th Cir. 1989)(appeals court reversed district court decision orderingLabor Department to release the names of persons who made witness statements to OLMSinvestigators). (Revised:Dec.2016) Download 317.29 Kb. Do'stlaringiz bilan baham: 
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