TITLE 29 - LABOR
CHAPTER 11 - LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER VI - SAFEGUARDS FOR LABOR ORGANIZATIONS
HEAD
Sec. 501. Fiduciary responsibility of officers of labor
organizations
STATUTE
(a) Duties of officers; exculpatory provisions and resolutions void
The officers, agents, shop stewards, and other representatives of
a labor organization occupy positions of trust in relation to such
organization and its members as a group. It is, therefore, the duty
of each such person, taking into account the special problems and
functions of a labor organization, to hold its money and property
solely for the benefit of the organization and its members and to
manage, invest, and expend the same in accordance with its
constitution and bylaws and any resolutions of the governing bodies
adopted thereunder, to refrain from dealing with such organization
as an adverse party or in behalf of an adverse party in any matter
connected with his duties and from holding or acquiring any
pecuniary or personal interest which conflicts with the interests
of such organization, and to account to the organization for any
profit received by him in whatever capacity in connection with
transactions conducted by him or under his direction on behalf of
the organization. A general exculpatory provision in the
constitution and bylaws of such a labor organization or a general
exculpatory resolution of a governing body purporting to relieve
any such person of liability for breach of the duties declared by
this section shall be void as against public policy.
(b) Violation of duties; action by member after refusal or failure
by labor organization to commence proceedings; jurisdiction;
leave of court; counsel fees and expenses
When any officer, agent, shop steward, or representative of any
labor organization is alleged to have violated the duties declared
in subsection (a) of this section and the labor organization or its
governing board or officers refuse or fail to sue or recover
damages or secure an accounting or other appropriate relief within
a reasonable time after being requested to do so by any member of
the labor organization, such member may sue such officer, agent,
shop steward, or representative in any district court of the United
States or in any State court of competent jurisdiction to recover
damages or secure an accounting or other appropriate relief for the
benefit of the labor organization. No such proceeding shall be
brought except upon leave of the court obtained upon verified
application and for good cause shown, which application may be made
ex parte. The trial judge may allot a reasonable part of the
recovery in any action under this subsection to pay the fees of
counsel prosecuting the suit at the instance of the member of the
labor organization and to compensate such member for any expenses
necessarily paid or incurred by him in connection with the
litigation.
(c) Embezzlement of assets; penalty
Any person who embezzles, steals, or unlawfully and willfully
abstracts or converts to his own use, or the use of another, any of
the moneys, funds, securities, property, or other assets of a labor
organization of which he is an officer, or by which he is employed,
directly or indirectly, shall be fined not more than $10,000 or
imprisoned for not more than five years, or both.
SOURCE
(Pub. L. 86-257, title V, Sec. 501, Sept. 14, 1959, 73 Stat. 535.)
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