Olms interpretative Manual

PAYMENTSEXCEPTEDUNDERTAFT-HARTLEYINGENERAL

253.101LMRDA,SECTION203(a)(1)

. . . and (B) payments of the kind referred to in section 302(c) of the Labor ManagementRelationsAct,1947,asamended;...

253.106

The LMRDA of 1959 does not place with this Department any final authority to construe theprovisions of law which are amended by section 505 of the Act.Such authority is left, as before,in the courts having jurisdiction to decide questions arising in the criminal proceedings and civilactionscontemplatedbysubsections(d)and(e)oftheLMRA,(1947),asamended.Totheextent the provisions of this section as amended by the new law have a bearing on theDepartment’s responsibilities under Title II of the Reporting and Disclosure Act we may, ofcourse, have to reach certain conclusions as to their meaning.Furthermore, the Department ofLabor is not in a position to advise as to the view the Department of Justice might take incarrying out that Department’s responsibilities for the enforcement of the criminal sanctionsprovidedinsection302(d)ofthe Taft-Hartley Act.

253.107

Although it will no doubt have occasion to consider the meaning of section 302(c) indetermining whether particular transactions are reportable under section 202(a)(6) and 203(a)(1)of the LMRDA, the Department of Labor has no administrative or enforcement responsibilitieswith respect to the prohibitions contained in section 302 of the Taft-Hartley Act.Violations ofthat section are subject to injunctive restraint in the Federal district courts upon the petition ofany interested party and the Attorney General can institute criminal proceedings for willfulviolations.

PAYMENTS EXCEPTED UNDER TAFT-HARTLEY:PAYMENTS TO EMPLOYEE-CONSULTANTACTING OPENLY

253.201LMRA,SECTION302(c)

The provisions of this section shall not be applicable (1) in respect to any money or otherthing of value payable by an employer to any of his employees whose established duties includeactingopenlyforsuchemployer inmatters oflabor relations orpersonnel administration. . .