Olms interpretative Manual

INTERMEDIATEBODIES

030.660STEERINGCOMMITTEE

A "Steering Committee" which is composed of representatives from 6 locals (in the samegeographicalarea) engagedinthesameindustryisaffiliatedwithaDistrictCouncilofaparticular

International. The 6 locals comprising the "Steering Committee" have contracts with the sameemployer. The District Council also contains numerous other locals in other related industrialactivities. Factually, it has been ascertained that the Steering Committee is subordinate to theInternational Union; is composed of local labor organizations engaged in an industry affectingcommerce; is endowed with separate organic identity in that it is a continuing body conductingregular meetings and electing its own officers and having bylaws; exists for the purpose ofcoordinating its local members' activities, contract proposals, contract negotiations; and hasamong its officers a Financial Secretary who is required under its bylaws to be bonded (thusindicatingthepresenceorexpectationoffunds).Consequently,theSteeringCommitteehasbeendetermined to be an intermediate type labor organization within the meaning of the Act eventhough the Constitution and Bylaws of the District Council make no provision for such a"committee."

030.662BUILDINGANDCONSTRUCTIONTRADESCOUNCIL

A building and construction trades council, which is chartered by the Building and ConstructionTrades Department of the AFL-CIO and represents a number of locals in the building andconstruction industry in a particular area but does not itself engage in collective bargaining, is alabororganization subject to therequirements oftheAct.

030.664MARITIMEPORTCOUNCILS

The Maritime Port Councils chartered by the Maritime Trades Department, AFL-CIO, areintermediate labor organizations for purposes of the LMRDA of 1959. These Councils are notlocal central bodies for the reason that their membership is limited to unions whose jurisdictioninvolves the maritime trades in a particular port area. Furthermore, some of these Councilsactually have collective bargaining responsibilities. The fact that some do not have collectivebargaining responsibilities does not change the determination that they are labor organizationssince intermediate bodies "are covered" irrespective of whether they exist for the purpose ofdealingwith employers.

030.665LOCALFEDERATIONSOFRAILWAYEMPLOYEES'DEPARTMENTOFAFL-CIO

Local Federations of the Railway Employees' Department of the AFL-CIO are intermediatelabor organizations within the meaning of the LMRDA. By virtue of their charter from theRailway Employees' Department they accept as members different Craft Unions such asMachinists, Welders, etc., whose employees are employed by the various railroads at a particularlocation where the railroad has repair and other types of shops. These are not local central bodiessince membership in the Local Federation of the Railway Employees' Department is limited solelyto the Craft Unions which bargain with the railroads in the particular locale in which the LocalFederationis situated.

030.666STATELEGISLATIVEBOARDSOFRAILROADBROTHERHOODS

State Legislative Boards which are provided for in constitutions of the Railroad Brotherhoodsand which function under the jurisdiction of the parent body are subject to the provisions of theActwhichareapplicableto"intermediatebodies."FromthewayinwhichtheseState LegislativeBoards are organized and the position they occupy in the organizational structure of theirrespective Brotherhoods,it isclearthat theyarenotnational,international, orlocallabor

organizations. Their coverage results from the section 3(i) definition of "labor organization" bythe inclusion there of labor organizations which are subordinate to national or international labororganizations. Such subordinate organizations are within the Act's definition of "labororganization,"irrespectiveofwhetherornot theyexist forthepurposeofdealingwith employers.

030.668STATEORLOCALCENTRALBODY

1. 
   The definition of "labor organization" in section 3(i) and the examples of labororganizations deemed to be engaged in an industry affecting commerce in section 3(j)(5) bothexcept from the term "labor organization" a "State or local central body." As used in these twosections,thephrase "Stateorlocalcentral body"meansan organization that:
   
   1. 
      Ischarteredbyafederationofnational orinternationalunions,and
      
   2. 
      Admits to membership local unions and subordinate bodies of national or internationalunions that are affiliated with the chartering federation within the State or local central body'sterritory and any local unions or subordinate bodies directly affiliated with the federation in suchterritory;and
      
   3. 
      Existsprimarilyto carryon educational, legislativeandcoordinating activities.
      
2. 
   The term does not include organizations of local unions or subordinate bodies (1) of a singlenational or international union; or (2) of a particular department of a federation or similarassociationofnationalor internationalunions. 29 CFR 451.5
   

030.669STATEORGANIZATIONSOFINDEPENDENTUNIONS

The exemption from the provisions of LMRDA given to a "State or local central body" is notlimited to entities chartered by the AFL-CIO. Entities chartered by any federation of national orinternational unions are exempt if they meet the criteria set forth in section 451.5 of theInterpretative Bulletin (see Manual Entry 030.668 for text). Under these criteria, a State bodychartered by a single national or international union, even if that union is affiliated with afederationofnationalorinternationalunions,would notcomewithin thetermsoftheexemption.

030.6691COMMITTEEOFUNIONSDEALINGWITHPUBLICBODIES

SeeManual Entry030.628.

030.6692RAILROADADJUSTMENTCOMMITTEES

SeeManual Entry030.629.

LOCALS

030.670FOREIGN LOCALS

It is not the purpose of the Act to impose on foreign labor organizations any regulation of theactivities they carry on under the laws of the countries in which they are domiciled or have theirprincipal place of business. The applicability of the Act is limited to the activities of persons ororganizations within the territorial jurisdiction of the United States. The foregoing would beapplicable, for example, to Canadian local affiliated with international labor organizationsorganizedwithintheUnitedStates.Consequently,suchforeignlocalsdonothavetosubmit

reports required by section 201 of the Act.030.672LOCALCOMPOSEDOFRETIREES
SeeManual Entry030.510.

*030.673RETIREDMEMBERS

SeeManualEntry030.520--EmployeesWhomUnionDoesNotRepresent.

030.680SUBUNITS-FACTORSDETERMININGSTATUS

A determination of whether a subdivision of a labor organization is, itself, a labor organizationmust be based on whether the evidence asa wholesupports a conclusion that the subdivisionmanifests sufficient organic existence, purposes, and functions to establish it as a labororganizationundertheAct.

Factors usually considered in deciding whether a subdivision has separate identity as anorganization are the source of authority which created it and what documents acknowledge itsexistence; by what constitution, bylaws, or other rules or regulations it is governed; howfrequentlyitholdsmeetingsandwhetheritdoessoregularly;whetheritisrepresentedasaunitatmeetings or conventions of superior bodies, including the parent body; whether it can accept orreject membership applications and take disciplinary action against its own members; whether itcanestablishorchangedues,fees,orassessmentsandhasitsownfunds,treasury,andproperty.

That a subdivision with separate identity as an organization has the purpose, in whole or in part,of dealing with employers, as described in the Act, is usually indicated by the extent to which itparticipates in the handling and final settlement of grievances, the presentation of bargainingdemands,and theacceptanceorratification ofcollectivebargaining agreements.

See also Manual Entry 030.603.030.682SUBUNITSOFALOCAL
An autonomous unit of an amalgamated local is a labor organization within the meaning of theAct and is required to file reports pursuant to Title II in a situation where the unit in question hasits own bylaws, determines the manner of selecting its own officers, and handles grievancematters and to a limited extent undertakes collective bargaining with the employer who employsthemembers oftheunit.
Seealso Manual Entry030.603.

030.684BRANCHESWITHOUTASSETS

A branch with no charter, money or property is nevertheless a separate labor organizationwhere it has rules of procedure conforming with the parent union's rules and policy and subject tothe latter's approval; where these rules set up a governing body; where it has authority to act inmatters pertaining to status of its members, subject to appeal to the parent union's board ofdirectors; where it may affiliate with and select delegates to other AFL-CIO organizations in thearea; where it negotiates regarding local wages and working conditions subject to consultationswith and approval by the parent union's board of directors; and where it appoints committees andofficialsand adopts rulesforconduct ofitsown affairs.

Seealso Manual Entry030.603.

030.686BRANCHESOFNATIONAL

A branch of a national labor organization is a labor organization within the definition in section3(i)whenthelocalboardofthe branch hasauthority(1)toactin matterspertainingto the statusof the branch members, subject to their right of appeal to the national's board of directors; (2) toaffiliate with, and select delegates to, other labor organizations in the area; (3) to conductnegotiations on local wages and working conditions in consultation with the national's board ofdirectors, with any agreements made subject to the board's approval; and (4) to adopt rules andregulationsforthe conductofitsaffairseventhoughthe approvalofthenationalboardisrequiredfor these actions, if the articles of agreement and constitution of the branch and the rules of thenational indicate that the branch is sufficiently independent to qualify as a labor organizationundersection 3(i).

Seealso Manual Entry030.603.

030.688SUBDIVISIONSNOTMEETINGALLCRITERIA

Even though the subdivision of a local lacks some of the characteristics usually indicative of alabor organization, e.g., it is not chartered, does not have its own bylaws, and does not haveauthority to accept, reject, or discipline members, or to set the amount of dues and fees, it may bea labor organization under the Act. The documents as well as the information as to actual practiceindicate that the Honolulu Section of a local, whose addresses is in California, (1) is a recognizedorganization with continuity of existence; (2) in which employees participate; (3) with thepurpose, at least in part, of dealing with employers; and (4) it is engaged in an industry affectingcommerce. These characteristics are sufficient to support the conclusion that the Honolulu Sectionisalabororganization.

030.690POOLARRANGEMENTS

1. 
   An international labor organization established a "pool arrangement" composed of locallabor organizations of the same union, without charter or elected officers for the purpose ofsupplying adequate and sufficient union labor to employers on a series of construction projects inthe same area, to provide temporary affiliation in one body for members of participating charteredlocals, and to avoid disputes among such locals in dealing with employers. The international dealswith the "pool arrangement" as a separate labor organization. The "arrangement" is managed by aboard consisting of representatives of the participating local labor organizations, which holdsregularmeetings,andwhich selects the "pool's"business representatives.
   

Theinternationaldidnotnegotiatethecollectivebargainingagreementsunderwhichthe "pool"functions. The "pool" and the area construction trades council were the signatories and parties tothe collective bargaining agreements with the employers, and the "pool arrangement" isrecognized as the local labor organization representing the employees, who either are members ofthe "pool" directly or of the participating local labor organizations, in matters concerninggrievances,wages,ratesofpay,hoursofwork andothertermsandconditionsofemployment.

This "pool" also collects dues and fees, issues membership books, and pays per capita taxes to theinternational.

It is the Department's position that such a "pool arrangement" is a labor organization within themeaningofsection3(i)ofthe LMRDA.Inreachingitsdetermination thecourtusedlanguage

which might be confusing in distinguishing between separate labor organizations andadministrative arms, but it is clear that the court held the "pool" to be a separate labororganization. In its resolution of the coverage question, the same court held that section 3(j) alsoapplied in that while the "pool arrangement" was not itself certified as the representative ofemployees under the National Labor Relations Act, it was a "local labor organization recognizedor acting as the representative of employees of an employer engaged in an industry affectingcommerce. "

Opinions 5/31/63, 2/24/64, and Memorandum of Opinion, 5/12/64, United Statesv. Dicus, 229F.Supp.282, 56LRRM 2243 (E.D. Ark. 1964).

2. 
   An international labor organization established a temporary "arrangement" composed ofstate councils, which is without charter, elected officers, and separate bylaws, for the purpose ofhandling job referrals and grievances of participating labor organizations under the collectivebargaining agreement negotiated by the international union with an employer whose operationscover a group of contiguous states. The "arrangement" is not a party to the contract, holds noregular meetings, has no officers of its own selection, has no members or autonomous powersitself, and remits no per capita taxes to the international nor is any of its income transmitted to theaffiliated locals and state councils. The international appoints or hires a person to implement theagreement by performing only such duties as are delegated to him by the international labororganization. Control of the project's funds by officers of the participating state councils stemsfrom their status as representatives of the international. Such an "arrangement" is anadministrative arm of the international labor organization rather than a labor organization withinthe meaning of section 3(i) of the LMRDA, even though the international may consider it to be alocallabororganization.
   

NOTE:Althoughthetwosituationssetforthabovehavesomesimilarcharacteristics,theyhavethefollowingbasicdifferences:

1. 
   In Athe international union did not negotiate the collective bargaining agreement while in Bthe international negotiated the contract. The "pool arrangement" in Ais one of the parties to thecontractbut the"arrangement"outlined in Bis not apartytotheagreement.
   

2. 
   Percapitataxes arepaid totheinternationalin Abut inBno paymentsaremadeto theinternational.
   

3. 
   InAsomepersonsholddirectmembershipinthe"poolarrangement"whilein Bthere arenopersonsholdingdirect membership in the"arrangement."
   

4. 
   ThedirectorsinAholdregularmeetingswhile inBregularmeetingsare notheldbythecouncilrepresentatives.
   

5. 
   In Athebusinessrepresentativesareselectedbythe"pool's"boardmembers,whileinBtheinternationalselects the"arrangement's"representative.
   

(TechnicalRevisions:Dec.2016)

030.692PORTBRANCHESOFNATIONALMARITIMEUNION

Port branches of the National Maritime Union of America, which do not have (1) membershipbyportaffiliation,(2)locallyelectedofficials,nor (3)votingrightslimitedtomemberspresentat

any port meeting, are not labor organizations within the meaning of section 3(i) because they lacksufficientseparateorganicidentifyand purpose.

030.694BRANCHESOFAGVA

Branches of the American Guild of Variety Artists, where executive committees are elected byactive members registered in the branches, and where bylaws empower such committees to (a)recommend minimum wage scales that do not conflict with National minimums, (b) recommenddisciplinary action against members within the jurisdiction of a branch, and where (c) committeesmay be appointed to conduct hearings on salary and breach of contract claims involving AGVAmembersand management, arelabororganizations.

030.695RAILROADADJUSTMENTCOMMITTEES

SeeManualEntry030.629.