HR 8367 — Union Transparency and Accountability Act

Summary

To ensure labor organization transparency and accountability.

Bill Text

• Introduced Introduced in House Current html May 10, 2024

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill enhances transparency and accountability for labor organizations by establishing stringent annual reporting requirements and imposing civil fines for noncompliance.

• 29 U.S.C. § 438

  The Secretary → (a) The Secretary

  This change introduces a new subsection (a) at the beginning of Section 438.

• 29 U.S.C. § 438

  (b) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form LM-2 under part 403 of title 29, Code of Federal Regulations, (as such part was in effect on October 12, 2009) shall be required to annually file with the Secretary--

  This addition establishes mandatory filing requirements for labor organizations pertaining to form LM-2.

• 29 U.S.C. § 438

  (c) Notwithstanding subsection (a) and for each fiscal year, a labor organization that would be required to file form T-1 under part 403 of title 29, Code of Federal Regulations (as such part was in effect on November 30, 2010) shall file with the Secretary, as the report concerning trusts in which a labor organization is interested--

  This addition mandates filing of form T-1 to report on trusts related to labor organizations.

• 29 U.S.C. § 438

  (d) Notwithstanding subsection (a) and for each fiscal year, an officer or employee of a labor organization who would be required to file form LM-30 under part 404 of title 29, Code of Federal Regulations (as such part was in effect on October 25, 2011) shall be required to file with the Secretary--

  This change requires officers and employees of labor organizations to file form LM-30 annually.

• 29 U.S.C. § 431

  (2) Any labor organization that fails to meet the requirements of paragraph (1) with respect to a member, by refusing to make available the information required to be contained in a report required to be submitted under this title, and any books, records, and accounts necessary to verify such report (unless such failure or refusal results from matters reasonably beyond the control of the labor organization), may in the court's discretion, and in addition to any other relief provided by law and determined proper by the court, be liable to such member for an amount that is not more than $250 for each day after the date of such failure or refusal (except that such amount shall be adjusted for inflation in the same manner as the Secretary adjusts the amount of a civil fine under section 211(c)). For purposes of this paragraph, each violation with respect to any single member shall be treated as a separate violation.

  This addition introduces civil fines for labor organizations that fail to provide required information to members.

• 29 U.S.C. § 440

  The Secretary may bring a civil action for such relief (including injunctions) as may be appropriate. → In general.--Whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, or section 301(a), the Secretary may bring a civil action for such relief, including an injunction or the enforcement of a civil fine imposed under section 211, as may be appropriate.

  This change broadens the scope of civil enforcement actions by the Secretary, allowing for enforcement of civil fines.

• 29 U.S.C. § 440

  (b) Judicial Review for Enforcement of Civil Fines.--

  This addition establishes a new process for judicial review concerning enforcement of civil fines.

• 29 U.S.C. § 440

  The appropriate district court shall impose the civil fine that has been determined to be appropriate by the Secretary--

  This clause mandates the court to impose civil fines as determined by the Secretary after appropriate procedures.

• 29 U.S.C. § 440

  the appropriate court shall not consider any objection or argument that was not raised in the proceedings before the Secretary.

  This change limits the scope of judicial review to arguments raised during administrative proceedings.

• 29 U.S.C. § 440

  (c) Appropriateness of Injunctive Relief.--

  This addition outlines the criteria under which injunctive relief may be granted in cases of reporting violations.

Action History

1. May 10, 2024

   Referred to the House Committee on Education and the Workforce.

2. May 10, 2024

   Introduced in House

Sponsors

• Michelle Steel · Primary

Subjects