ORGANIZATION OF THE DEPARTMENT OF LABOR

§ 2.001 Office of the Secretary—(a) Functions (1) Secretary of Labor.

(xiv) Exercising and performing the authority and functions conferred by sections 9 (f) and (g), Title I, LaborManagement Relations Act, 1947 (Public No. 101, Ch. 120, 80th Cong., 1st Sess.). The functions of the Secretary of Labor under this provision are performed in the Office for the Registration of Labor Organizations created in the Office of the Secretary by General Order No. 29, July 16, 1947. [Subdivision (xiv) added July 22, 1947, 12 F.R. 5011, 5335]

CONCILIATION SERVICE AND BUREAU OF LABOR STATISTICS; TESTIMONIES AND RESPONSE TO SUBPOENA; DISCLOSURE OF INFORMATION

§ 2.6a Information received under sections 9 (f) and (g) and 211 (a) of the Labor-Management Relations Act, 1947. (a) No officer or employee of the Office for the Registration of Labor Organizations, nor any other officer or employee of the United States Department of Labor, receiving or handling information received under sections 9 (f) and (g) of the Labor-Management Relations Act, 1947 (Pub. Law 101, 80th Cong.) shall make such information public, nor disclose such information to any person outside of the Department of Labor except, upon written request, to the following: (1) members of a particular labor organization, or of the national or international labor organization of which it is an affiliate or constituent unit,

but only with respect to the information filed for such organizations; (2) the National Labor Relations Board or courts of competent jurisdiction in appropriate proceedings under the National Labor Relations Act, as amended by the LaborManagement Relations Act, 1947; or (3) members of Congress through the Senate Committee on Labor and Public Welfare, the House Committee on Education and Labor, or the Joint Committee on Labor-Management Relations.

The existing regulations of the Department of Labor governing the availability for inspection of official records, and the obtaining of copies of documents are applicable to requests made for this information.

(b) Requests to examine copies of available collective bargaining agreements and other available agreements and actions thereunder settling or adjusting labor disputes, maintained by the Department pursuant to section 211 (a) of the Labor-Management Relations Act, 1947, may be made orally or in writing to Relations the Chief, Industrial Branch, Bureau of Labor Statistics, United States Department of Labor, Washington 25, D. C. The inspection may be made only during business hours at the United States Department of Labor, Washington, D. C., and such inspection will be denied with respect to any specific information submitted to the Department in confidence. (R. S. 161; 5 U.S.C. 22) [Reg., Aug. 18, 1947, 12 F.R. 5651]

PART 3-REGULATIONS APPLICABLE TO CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING AND PUBLIC WORK AND ON BUILDING AND WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES

NOTE: For proposed rule making under this part see 12 F.R. 8046.

PART 6 RULES OF PROCEDURE FOR EMERGENCY BOARDS OF INQUIRY [ADDED]

AUTHORITY: §§ 6.1 to 6.12, inclusive, issued under R. S. 161, 37 Stat. 736; 5 U. S. C. 22, 619.

SOURCE: §§ 6.1 to 6.12, inclusive, contained in Rules of Procedure, Secretary of Labor, Jan. 20, 1947, 12 F.R. 1105.

§ 6.1 Appointment of Emergency Boards of Inquiry. Emergency Boards of Inquiry may be appointed by the Secretary of Labor in connection with any labor dispute whenever in his judgment the interest of industrial peace may require it to be done.

§ 6.2 Hearing to be public. Whenever such a board has been appointed it shall hold a public hearing on the merits of the dispute, unless the parties agree to present their case in writing. The record made at such hearing shall include all documents, statements, exhibits, and briefs, which may be submitted, together with the stenographic record. The parties shall have the right to attend the hearing with such persons as they desire, and the hearing shall be open to any other person who wishes to attend, including representatives of the press and radio. The board shall have authority to make whatever reasonable rules are necessary for the conduct of an orderly public hearing. The board may, with the consent of the parties, exclude persons other than the parties at any time when the expeditious settlement of the dispute so requires.

§ 6.3 Participation by board in the hearing. The board may, on its own initiative, at such hearing, call witnesses and introduce documentary or other evidence, and may participate in the examination of witnesses for the purpose of expediting the hearing or eliciting material facts.

§ 6.4 Participation by parties in their hearing. The interested parties or their representatives shall be given reasonable opportunity: (a) To be present in person at every stage of the hearing; (b) to be represented adequately; (c) to present orally or otherwise any material evidence relevant to the issues; (d) to ask questions of the opposing party or a witness relating to evidence offered or statements made by the party or witness at the hearing, unless it is clear that such questions have no material bearing on the credibility of that party or witness or on the issues in the case; (e) to present to the board oral or written argument on the issues.

§ 6.5 Stenographic records. An official stenographic record of the proceedings shall be made. A copy of such record shall be available for inspection by the parties, and copies may be purchased by the parties from the court reporter.

§ 6.6 Rules of evidence. The hearing may be conducted informally. The receipt of evidence at the hearing need not be governed by the common law rules of evidence.

§ 6.7 Facilities available to board. The board may during the proceedings consult with the office of the Secretary of Labor or his designated agents for the purpose of obtaining information pertaining to any wage or salary issue. (Such information may include information in the possession of other governmental agencies.)

Emergency Boards shall be serviced, including the making available of personnel and facilities of the Department, through the office of the Director of the United States Conciliation Service.

§ 6.8 Requests for the production of evidence. The board does not have the power of subpoena. It may request the parties to produce any evidence it deems revelant to the issues but such evidence must be obtained upon the voluntary compliance of the parties.

§ 6.9 Adjournment of hearing to permit direct negotiation. Where, in the opinion of the board, the parties should make further efforts to settle an issue by collective bargaining or where the parties agree to do so, the board may recess the hearing to allow the parties to resume direct negotiations for as long a period as they may mutually agree upon

or until a date specified by the board for reconvening of the hearing. Whenever possible, the board shall, at the time of the recess, notify the parties of the date when the board will reconvene with the parties. If it is not possible to give such notice at the time of recess, the parties shall be given at least five days advance notice of this date of reconvening, unless the exigencies of the situation require shorter notice.

§ 6.10 Settlement of issue by agreement between parties. If during the proceedings an agreement is reached between the parties with respect to the issues in dispute they shall be requested to execute a statement in writing to that effect.

§ 6.11 Question as to extent of board's authority. If during the proceedings a question arises as to the extent of the authority of the board to inquire into the facts, or as to the interpretation of the order of the Secretary setting up the board, the board may recess the hearing and consult with the Secretary or his designated agent for the purpose of obtaining clarification.

8 6.12 Findings of fact and recommendations by the board. (a) After the conclusion of the hearing the board shall submit to the Secretary an original and six copies of its findings of fact and recommendations, unless the parties in the meantime have settled the dispute or agreed to submit it to arbitration.

(b) The time for filing findings of fact and recommendations may not be extended except upon consent of the Secretary.

PART 7-PROCEDURE; OFFICE FOR THE REGISTRATION OF LABOR ORGANIZATIONS [ADDED]

§ 7.1 Form to be used in filing reports. The form, entitled "Labor Organization Registration Form "" is hereby prescribed as the form for filing of organizational and financial reports by labor organizations with the Office for the Registration of Labor Organizations, United States Department of Labor, Washington 25, D. C., under sections 9 (f), and 9 (g) of the Labor-Management Relations Act, 1947.

1 Forms may be obtained at Office for the Registration of Labor Organizations at Department of Labor.

Budget Bureau No. 44-R700 Approval expires July 1, 1949

LABOR ORGANIZATION REGISTRATION FORM

(PUBLIC LAW 101-80TH CONGRESS) To: Office for the Registration of Labor Organizations, United States Department of Labor Washington 25, D. C. Sections 9 (f) and (g) of the Labor-Management Relations Act, 1947 (Public Law No. 101, 80th Congress, 1st sess.) require that the following information be filed and kept up to date annually with the Secretary of Labor before the National Labor Relations Board may investigate any representation question raised by the labor organization, or entertain any petition for a union-shop election, or issue any complaint pursuant to an unfair practice charge filed by a labor organization. This report must be filed not only by any labor organization desiring to raise any such question before the Board but also by any national or international labor organization of which such labor organization is an affiliate or constituent part. 1. Full name of organization:

4. (b) Attach a list showing the names, titles, and compensation and allowances of all other officers or agents whose aggregate compensation and allowances for the preceding fiscal year exceeded $5,000 and indicate the manner in which such officials or agents were elected, appointed, or otherwise selected. Show compensation and allowances for the preceding fiscal year in each case.

5. The initiation fee or fees which new members are required to pay to join the union is $. (See footnote)

6. The regular dues or fees which members must pay to remain in good standing are: per .-. (See footnote) (Month, year, etc.)

(In case of a national or international union, specify any regulation regarding fees or dues.)

7. A copy of the constitution and by-laws of your organization is required to accompany this registration form. Please indicate which paragraphs or sections of your constitution and by-laws show the procedure followed with respect to the items listed below: If your constitution does not cover each of the items specified, a detailed statement explaining the procedure followed by your organization with respect to the items not covered should be attached to this reply form and marked with the corresponding item numbers.

(a). Qualifications for or restrictions on membership---

(b) Election of officers and stewards_-_

(c) Calling of regular and special meetings

(d) Levying of assessments.

(e) Imposition of fines__

(f) Authorization

mands...

for bargaining de

8. Submit with this registration a report showing (a) the beginning and closing dates of your fiscal year; (b) all of your receipts of any kind and the sources of such receipts for the fiscal year; (c) your total assets and liabilities as of the end of your last fiscal year; and (d) your disbursements made during such fiscal year, including the purposes for which made. The annual financial report prepared by most unions may be used for this purpose as long as such report contains the above information.

I, a duly authorized official of the above named union, certify that the information submitted herewith is true to the best of my knowledge and belief.