[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Rules and Regulations]
[Pages 6090-6094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3096]
[[Page 6089]]
_______________________________________________________________________
Part IV
Department of Labor
_______________________________________________________________________
Office of Labor-Management Standards
_______________________________________________________________________
29 CFR Part 215 et al.
Technical Amendments of Rules Relating to Labor-Management Programs,
Labor-Management Standards, and Standards of Conduct for Federal Sector
Labor Organizations; Final Rule
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 /
Rules and Regulations
[[Page 6090]]
DEPARTMENT OF LABOR
Office of Labor-Management Standards,
29 CFR Parts 215, 220, 401, 402, 403, 404, 405, 406, 408, 409, 417,
451, 452, 453, 457, 458, 459
RIN 1215-AB16
Technical Amendments of Rules Relating to Labor-Management
Programs, Labor-Management Standards, and Standards of Conduct for
Federal Sector Labor Organizations
AGENCY: Office of Labor-Management Standards, Employment Standards
Administration, Labor.
ACTION: Final Rule.
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SUMMARY: This document makes a number of technical amendments to
Chapters II and IV of the Department of Labor's regulations. These
amendments are necessary because of a reorganization within the
Department and the enactment of the Congressional Accountability Act of
1995. This document also makes several other technical amendments and
corrections.
EFFECTIVE DATE: February 10, 1997.
FOR FURTHER INFORMATION CONTACT: Kay H. Oshel, Chief, Division of
Interpretations and Standards, Office of Labor-Management Standards,
Employment Standards Administration, U.S. Department of Labor, Room N-
5605, Washington, D.C. 20210, (202) 219-7373 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: Secretary's Order No. 5-96 (62 FR 107,
January 2, 1997) delegated authority and assigned responsibilities to
the Assistant Secretary for Employment Standards, head of the
Employment Standards Administration (ESA), which had been previously
delegated and assigned to the Assistant Secretary for the American
Workplace, head of the Office of the American Workplace (OAW). OAW and
the position of Assistant Secretary for the American Workplace have
been abolished. The Office of Labor-Management Standards (OLMS), which
had been a unit within OAW, is now a unit within ESA. The Office of
Labor-Management Programs, which had also been a unit within OAW, has
been abolished and the statutory programs for which it had authority
and responsibilities have been delegated and assigned to OLMS.
In addition, section 220(a)(1) of the Congressional Accountability
Act (CAA), 2 U.S.C. 1351(a), and part 2428 of the implementing
regulations, 142 Cong. R. S12062 (daily ed., October 1, 1996), 142
Cong. R. H10369 (daily ed., September 12, 1996), grant the Department
jurisdiction over labor organizations covered by the CAA in
implementing the standards of conduct provisions of the Civil Service
Reform Act of 1980, 5 U.S.C. 7120. Secretary's Order 5-96 (62 FR 107,
January 2, 1997) also assigned this jurisdiction to the Assistant
Secretary for Employment Standards.
Consequently, the authority and responsibilities of the Assistant
Secretary for Employment Standards now include the functions to be
performed by the Secretary of Labor under (1) the employee protection
provisions of the Federal Transit Law, 49 U.S.C. 5333(b) and related
provisions, (2) section 43(d) of the Airline Deregulation Act of 1978,
repealed and reenacted at 49 U.S.C. 42101-42103, (3) section 405(a),
(b), (c), and (e) of the Rail Passenger Service Act of 1970, 45 U.S.C.
565(a), (b), (c), and (e), (4) the Labor-Management Reporting and
Disclosure Act of 1959, as amended (LMRDA), 29 U.S.C. 401 et seq.; (5)
section 1209 of the Postal Reorganization Act of 1970, 39 U.S.C. 1209;
(6) the provisions relating to standards of conduct for federal sector
labor organizations in the Civil Service Reform Act of 1978, 5 U.S.C.
7120, and the Foreign Service Act of 1980, 22 U.S.C. 4117, and (7)
section 220(a)(1) of the Congressional Accountability Act of 1995, 2
U.S.C. 1351(a)(1), Public Law No. 104-1, 109 Stat. 3.
As a result of this reorganization and the enactment of the CAA, a
number of technical amendments to the regulations are necessary. First,
the heading for chapter II of title 29 of the Code of Federal
Regulations (CFR) is changed from ``Office of Labor-Management
Programs, Department of Labor'' to ``Office of Labor-Management
Standards, Department of Labor.'' Second, the authority citation for
each part in chapters II and IV of title 29 of the Code of Federal
Regulations is amended to replace ``Secretary's Order No. 2-93 (58 FR
42578)'' with ``Secretary's Order No. 5-96 (62 FR 107, January 2,
1997).'' Third, the definition of ``Assistant Secretary'' is changed
from ``Assistant Secretary for the American Workplace'' to ``Assistant
Secretary for Employment Standards.'' Fourth, the definition of
``Office'' is revised to indicate that the Office of Labor-Management
Standards is part of the Employment Standards Administration. Finally,
a reference to the CAA is added to the authority citations for parts
457-459, which implement the CSRA provisions on standards of conduct
for federal sector labor organizations, and references and pertinent
definitions relating to the CAA are added in appropriate sections of
parts 457-459 and in section 451.3(a)(4).
Several additional technical amendments are made to the regulations
because of a reorganization within OLMS. First, the position of
Director, Office of Elections, Trusteeships, and International Union
Audits has been abolished. The duties previously assigned to the
Director in the regulations are now assigned to the Chief of the
Division of Enforcement (DOE) within OLMS. Second, the duties
previously assigned to Regional Directors in the regulations are now
assigned to District Directors. Accordingly, the definitions of
``Director'' and ``Regional Director'' have been replaced with
definitions of ``Chief, DOE'' and ``District Director,'' respectively.
Similarly, references to the ``Director'' and ``Regional Directors''
have been replaced with references to ``Chief, DOE'' and ``District
Directors,'' respectively.
Two other technical amendments are made in part 220 to reflect an
earlier reorganization within the Department by removing references to
the Bureau of Labor-Management Relations and Cooperative Programs, an
entity which had previously been abolished. Another two technical
amendments are made to indicate the citation of final rules which
established the current reporting forms for labor organization annual
financial reports.
Finally, two technical corrections are being made in order for the
regulations to conform with prior regulatory amendments. These
corrections should have been made at the time the earlier rules were
proposed and issued in final, but were inadvertently omitted from those
rules.
First, the regulations are amended at sections 402.5, 403.4(b)(5),
and 403.5 to permit a labor organization, which is eligible to file the
annual financial report required by the LMRDA on simplified reporting
Form LM-4, to also file its terminal report on Form LM-4. Form LM-4,
which may be used by very small labor organizations with receipts less
than $10,000, is a new form that was first promulgated in a final rule
published in the Federal Register on October 30, 1992, 57 FR 49290, and
was revised in a final rule published in the Federal Register on
December 21, 1993, 58 FR 67594. The other annual financial reporting
forms are Form LM-3, which may be used by labor organizations with up
to $200,000 in annual receipts, and Form LM-2, which may be used by any
labor organization.
[[Page 6091]]
The regulations currently allow a labor organization which is
eligible to file its annual financial report on simplified Form LM-3 to
also file its terminal report on that form. Thus, prior to the
promulgation of Form LM-4, the regulations permitted a labor
organization which was eligible to file a simplified annual financial
report to also file its terminal report on that simplified reporting
form. However, the final rules which promulgated and revised Form LM-4
inadvertently neglected to amend other provisions in the regulations to
allow a labor organization eligible to use Form LM-4 for its annual
financial report to also use Form LM-4 for its terminal report. The
technical correction in this rule allowing very small labor
organizations to file a terminal financial report on Form LM-4 will
correct that inadvertent omission.
Second, the regulations implementing the standards of conduct for
federal sector unions are amended at section 458.30 by deleting the
last sentence. Section 458.30, which generally follows LMRDA section
401(h), 29 U.S.C. 481(h), currently provides that when a local union
officer is charged with serious misconduct and the union does not have
an adequate procedure for removing that officer, the union must follow
an adequate procedure which is defined in the regulations implementing
LMRDA section 401(h). The last sentence of the current section 458.30
further provides that a local union which does have an adequate officer
removal procedure in its constitution and bylaws must follow that
procedure.
The requirement set forth in this last sentence of section 458.30
follows the Department's former interpretation of the LMRDA which had
been set forth in the regulations implementing LMRDA section 401(h) at
subpart B of 29 CFR part 417. However, after an appellate court
rejected this interpretation of the LMRDA, the Department amended
subpart B of 29 CFR part 417 to eliminate the provision requiring a
union to follow the adequate officer removal procedure in its
constitution and bylaws. That final rule was published in the Federal
Register on December 21, 1994, 59 FR 65714.
Under the standards of conduct provisions of the Civil Service
Reform Act and the Foreign Service Act at 5 U.S.C. 7120(d) and 22
U.S.C. 4117(d), respectively, and the implementing regulations at 29
CFR 458.1, the standards of conduct regulations are to conform to the
requirements of the LMRDA and court decisions issued thereunder.
However, the final rule of December 21, 1994 inadvertently neglected to
amend the standards of conduct regulations to conform to the amendment
which was made to the LMRDA regulations pursuant to a court decision.
The technical correction made in this rule will correct that
inadvertent omission by deleting the last sentence of section 458.30.
This rule also corrects a typographical error in section 458.30 by
changing the cross-reference to the LMRDA regulations from the
incorrect ``Sec. 417.2(e)'' to the correct ``Sec. 417.2(b).''
Publication in Final
The undersigned has determined that this rulemaking need not be
published as a proposed rule, as generally required by the
Administrative Procedure Act (APA), 5 U.S.C. 553. The portion of this
rulemaking that reflects agency organization, procedure, and practice
is exempt under section 553(b)(A) of the APA. For the portion of this
rulemaking that makes amendments required by statute and technical
amendments and corrections, there is good cause for finding that notice
and public procedure is unnecessary and contrary to the public
interest, pursuant to section 553(b)(B) of the APA.
Effective Date
The undersigned has determined that good cause exists for waiving
the customary requirement for delay in the effective date of a final
rule for 30 days following its publication since this rule is technical
and nonsubstantive, merely reflects agency organization, practice, and
procedure, and makes amendments required by statute and technical
amendments and corrections. Therefore, these amendments shall be
effective upon publication. See 5 U.S.C. 553(d).
Administrative Requirements
A. Executive Order 12866
The Department of Labor has determined that this rule is not a
significant regulatory action as defined in section 3(f) of Executive
Order 12866 in that it will not (1) have an annual effect on the
economy of $100 million or more, or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities, (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency,
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof, or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
B. Regulatory Flexibility Act
Because a notice of proposed rulemaking is not required for this
rule under 5 U.S.C. 553(b), the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., pertaining to regulatory
flexibility analysis do not apply. See 5 U.S.C. 601(2). Therefore, a
regulatory flexibility analysis is not required.
C. Paperwork Reduction Act
This rule contains no additional information collection
requirements. The information collection requirements in the
regulations to which this rule makes technical amendments have been
approved by the Office of Management and Budget (OMB control number
1215-0188).
D. Small Business Regulatory Enforcement Fairness Act
The Department has determined that this final rule is not a ``major
rule'' requiring prior approval by the Congress and the President
pursuant to the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 804), because it is not likely to result in (1) an
annual effect on the economy of $100 million or more, (2) a major
increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies, or geographic regions, or
(3) significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.
Further, since the Department has determined, for good cause, that
publication of a proposed rule and solicitation of comments on this
rule is not necessary, under 5 U.S.C. 808(2), this final rule is
effective immediately upon publication as stated previously in this
notice.
E. Unfunded Mandates Reform Act
For purposes of Section 2 of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1532, as well as Executive Order 12875 (58 FR 58093,
October 28, 1993), this rule does not include any federal mandate that
may result in increased expenditures by State, local and tribal
governments, or increased expenditures by the private sector of more
than $100 million.
[[Page 6092]]
List of Subjects
29 CFR Part 215
Grant administration; Grants--transportation; Labor-management
relations; Labor unions; Mass transportation.
29 CFR Part 220
Labor, Airline employees, Air carriers.
29 CFR Parts 401, 417, 451, and 452
Labor unions.
29 CFR Parts 402, 403, 404, and 408
Labor unions, Reporting and recordkeeping requirements.
29 CFR 405 and 406
Labor-management relations, Reporting and recordkeeping
requirements.
29 CFR 409
Insurance companies, Reporting and recordkeeping requirements.
29 CFR Part 453
Labor unions, Surety bonds.
29 CFR Parts 457, 458, and 459
Labor unions, Reporting and recordkeeping requirements,
Administrative practice and procedure.
Adoption of Amendments of Regulations
In consideration of the foregoing, the Office of Labor-Management
Standards, Employment Standards Administration, Department of Labor
hereby amends Chapters II and IV of title 29 of the Code of Federal
Regulations as set forth below.
CHAPTER II--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
1. The heading of Chapter II is revised to read ``Office of Labor-
Management Standards, Department of Labor.''
PART 215--GUIDELINES, SECTION 5333(b), FEDERAL TRANSIT LAW
2. The authority citation for part 215 is revised to read as
follows:
Authority: Secretary's Order No. 5-96, 62 FR 107, January 2,
1997.
PART 220--AIRLINE EMPLOYEE PROTECTION PROGRAM
3. The authority citation for part 220 is revised to read as
follows:
Authority: Section 43(f) of the Airline Deregulation Act of
1978, Pub. L. No. 95-504, 92 Stat. 1750-1753 (49 U.S.C. 1552);
Secretary's Order No. 1-79, 44 FR 13093; Secretary's Order No. 5-96
62 FR 107, January 2, 1997.
Sec. 220.04 [Amended]
4. Section 220.04 is amended by removing the words ``Deputy Under
Secretary for Labor-Management Relations and Cooperative Programs,
Bureau of Labor-Management Relations and Cooperative Programs
(BLMRCP)'' from the introductory text and adding in their place the
words ``Assistant Secretary for Employment Standards.''
Sec. 220.26 [Amended]
5. Section 220.26(c) is amended by removing the words ``Bureau of
Labor-Management Relations and Cooperative Programs, room N-5416'' and
adding in their place the words ``Division of Statutory Programs,
Office of Labor-Management Standards.''
CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER
6-7. The authority citation for part 401 is revised to read as
follows:
Authority: Secs. 3, 208, 301, 401, 402, 73 Stat. 520, 529, 530,
532, 534 (29 U.S.C. 402, 438, 461, 481, 482); Secretary's Order No.
5-96, 62 FR 107, January 2, 1997; Sec. 401.4 also issued under sec.
320 of Title III of the Bankruptcy Reform Act of 1978, Pub. L. 95-
598, 92 Stat. 2678.
8. Section 401.18 is revised to read as follows:
Sec. 401.18 Office.
Office means the Office of Labor-Management Standards, Employment
Standards Administration, United States Department of Labor.
9. Section 401.19 is revised to read as follows:
Sec. 401.19 Assistant Secretary.
Assistant Secretary means the Assistant Secretary of Labor for
Employment Standards, head of the Employment Standards Administration.
PART 402--LABOR ORGANIZATION INFORMATION REPORTS
10. The authority citation for part 402 is revised to read as
follows:
Authority: Secs. 201, 207, 208, 73 Stat. 524, 529 (29 U.S.C.
431, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,
1997.
11. Section 402.5 is amended by adding a new paragraph (c) to read
as follows:
Sec. 402.5 Terminal reports.
* * * * *
(c) Labor organizations which qualify to use Form LM-4, the Labor
Organization Annual Report, pursuant to Secs. 403.4 and 403.5 of this
chapter may file the terminal report called for in this section on Form
LM-4. The report must be signed by the president and treasurer, or
corresponding principal officers, of the labor organization.
PART 403--LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS
12. The authority citation for part 403 is revised to read as
follows:
Authority: Secs. 201, 207, 208, 301, 73 Stat. 524, 529, 530 (29
U.S.C. 431, 437, 438, 461); Secretary's Order No. 5-96, 62 FR 107,
January 2, 1997.
13. Section 403.3 is amended by adding a note at the end of the
text to read as follows:
Sec. 403.3 Form of annual financial report--detailed report.
* * * * *
Note: Form LM-2 was revised at 58 FR 67594, December 21, 1993.
Sec. 403.4 [Amended]
14. Section 403.4(b)(5) is amended by adding the words ``or LM-4,
as may be appropriate,'' after the words ``on Form LM-3''.
15. Section 403.4 is further amended by adding a note at the end of
the text to read as follows:
Sec. 403.4 Simplified annual reports for smaller labor organizations.
* * * * *
Note: Forms LM-3 and LM-4 were revised at 58 FR 67594, December
21, 1993.
Sec. 403.5 [Amended]
16. Section 403.5(a) is amended by removing the words ``on Form LM-
2 or Form LM-3'' and adding the words ``on Form LM-2, LM-3, or LM-4,''
in their place.
PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS
17. The authority citation for part 404 is revised to read as
follows:
Authority: Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C.
432, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,
1997.
PART 405--EMPLOYER REPORTS
18. The authority citation for part 405 is revised to read as
follows:
Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C.
433, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,
1997.
[[Page 6093]]
PART 406--REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER
PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS
19. The authority citation for part 406 is revised to read as
follows:
Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C.
433, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,
1997.
PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS
20. The authority citation for part 408 is revised to read as
follows:
Authority: Secs. 201, 207, 208, 301, 73 Stat. 524, 529, 530 (29
U.S.C. 431, 437, 438, 461); Secretary's Order No. 5-96, 62 FR 107,
January 2, 1997.
PART 409--REPORTS BY SURETY COMPANIES
21. The authority citation for part 409 is revised to read as
follows:
Authority: Secs. 207, 208, 211; 79 Stat. 888; 88 Stat. 852 (29
U.S.C. 437, 438, 441); Secretary's Order No. 5-96, 62 FR 107,
January 2, 1997.
PART 417--PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION
OFFICERS
22. The authority citation for part 417 is revised to read as
follows:
Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481,
482); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.
23. In Sec. 417.2, paragraph (a) is revised to read as follows:
Sec. 417.2 Definitions.
(a) Chief, DOE means the Chief of the Division of Enforcement
within the Office of Labor-Management Standards.
* * * * *
Secs. 417.4, 417.16 [Amended]
24. Part 417 is amended by removing the word ``Director'' and
adding, in its place, the term ``Chief, DOE'' in the following places:
(a) Section 417.4(a);
(b) Section 417.4(b) in three places; and
(c) Section 417.16(a) in two places.
PART 451--LABOR ORGANIZATIONS AS DEFINED IN THE LABOR-MANAGEMENT
REPORTING AND DISCLOSURE ACT OF 1959
25. The authority citation for part 451 is revised to read as
follows:
Authority: Secs. 3, 208, 401, 73 Stat. 520, 529, 532 (29 U.S.C.
402, 438, 481); Secretary's Order No. 5-96, 62 FR 107, January 2,
1997.
Sec. 451.3 [Amended]
26. Section 451.3(a)(4) is amended by adding a new sentence in the
parenthetical statement, after the sentence which ends with the words
``5 U.S.C. 7120 and 22 U.S.C. 4117, respectively,'' to read as follows:
``In addition, labor organizations subject to the Congressional
Accountability Act of 1995 are subject to the standards of conduct
provisions of the Civil Service Reform Act pursuant to 2 U.S.C.
1351(a)(1).''
PART 452--GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
27. The authority citation for part 452 is revised to read as
follows:
Authority: Secs. 401, 402, 73 Stat. 532, 534 (29 U.S.C. 481,
482); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.
PART 453--GENERAL STATEMENT CONCERNING THE BONDING REQUIREMENTS OF
THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
28. The authority citation for part 453 is revised to read as
follows:
Authority: Sec. 502, 73 Stat. 536; 79 Stat. 888 (29 U.S.C. 502);
Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.
PART 457--GENERAL
29. The authority citation for part 457 is revised to read as
follows:
Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117; 2 U.S.C.
1351(a)(1); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.
30. A new footnote is added at the end of Sec. 457.1 to read as
follows:
Sec. 457.1 Purpose and scope.
* * * * *
\1\ Pursuant to section 220(a)(1) of the Congressional
Accountability Act of 1995, 2 U.S.C. 1351(a)(1), labor organizations
covered by that statute are subject to the standards of conduct
provisions of the Civil Service Reform Act, 5 U.S.C. 7120, and are
therefore subject to the regulations in this subchapter. Regulations
implementing the Congressional Accountability Act were issued at 142
Cong. R. S12062 (daily ed., October 1, 1996) and 142 Cong. R. H10369
(Daily ed., September 12, 1996).
31. Section 457.10 is revised to read as follows:
Sec. 457.10 CSRA; FSA; CAA; LMRDA.
CSRA means the Civil Service Reform Act of 1978; FSA means the
Foreign Service Act of 1980; CAA means the Congressional Accountability
Act of 1995; LMRDA means the Labor-Management Reporting and Disclosure
Act of 1959, as amended.
32. Section 457.11 is revised to read as follows:
Sec. 457.11 Agency, employee, labor organization, dues, Department,
activity, employing office.
Agency, employee, labor organization, and dues, when used in
connection with the CSRA, have the meanings set forth in 5 U.S.C. 7103.
Employee, labor organization, and dues, when used in connection with
the FSA, have the meanings set forth in 22 U.S.C. 4102; Department,
when used in connection with the FSA, means the Department of State,
except that with reference to the exercise of functions under the FSA
with respect to another agency authorized to utilize the Foreign
Service personnel system, such term means that other agency. Covered
employee, employee, employing office, and agency, when used in
connection with the CAA, have the meanings set forth in 2 U.S.C. 1301
and 1351(a)(2). Activity means any facility, organizational entity, or
geographical subdivision or combination thereof of any agency or
employing office.
33. Section 457.12 is revised to read as follows:
Sec. 457.12 Authority; Board.
Authority means the Federal Labor Relations Authority as described
in the CSRA, 5 U.S.C. 7104 and 7105. Board, when used in connection
with the FSA, means the Foreign Service Labor Relations Board as
described in the FSA, 22 U.S.C. 4106(a). ``Board,'' when used in
connection with the CAA, means the Board of Directors of the Office of
Compliance as described in 2 U.S.C. 1301 and 1381(b).
34. Section 457.13 and its footnote are revised to read as follows:
Sec. 457.13 Assistant Secretary.
Assistant Secretary means the Assistant Secretary of Labor for
Employment Standards, head of the Employment Standards
Administration.\2\
\2\ Pursuant to Secretary of Labor's Order No. 5-96 (62 FR 107,
January 2, 1997), the Assistant Secretary for Employment Standards
has the responsibility and authority for implementing the standards
of conduct provisions of the CSRA and the FSA.
35. Section 457.14 is revised to read as follows:
Sec. 457.14 Standards of conduct for labor organizations.
Standards of conduct for labor organizations shall have the meaning
as set forth in the CSRA, 5 U.S.C. 7120, and the FSA, 22 U.S.C. 4117,
and as
[[Page 6094]]
amplified in part 458 of this subchapter. The standards of conduct
provisions of the CSRA and the regulations in this subchapter are
applicable to labor organizations covered by the CAA pursuant to 2
U.S.C. 1351(a)(1).
36. Section 457.15 is revised to read as follows:
Sec. 457.15 District Director.
District Director means the Director of a district office within
the Office of Labor-Management Standards.
37. Section 457.16 is revised to read as follows:
Sec. 457.16 Chief, DOE.
Chief, DOE means the Chief of the Division of Enforcement within
the Office of Labor-Management Standards.
PART 458--STANDARDS OF CONDUCT
38. The authority citation for part 458 is revised to read as
follows:
Authority: 5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107,
4111, 4117; 2 U.S.C. 1351(a)(1); Secretary's Order No. 5-96 62 FR
107, January 2, 1997.
39. Section 458.30 is revised to read as follows:
Sec. 458.30 Removal of elected officers.
When an elected officer of a local labor organization is charged
with serious misconduct and the constitution and bylaws of such
organization do not provide an adequate procedure meeting the standards
of Sec. 417.2(b) of this chapter for removal of such officer, the labor
organization shall follow a procedure which meets those standards.
Secs. 458.50, 458.51, 458.52, 458.56, 458.57, 458.59, 458.60, 458.61,
458.64, 458.66, 458.67, 458.79 [Amended]
40. In 29 CFR part 458, remove the words ``Regional Director'' and
add, in their place, the words ``District Director'' in the following
places:
(a) Section 458.50(b);
(b) Section 458.51;
(c) Section 458.52;
(d) Section 458.56;
(e) Section 458.57;
(f) Section 458.58;
(g) Section 458.59;
(h) Section 458.60;
(i) Section 458.61;
(j) Section 458.64(a);
(k) Section 458.66(b) in two places;
(l) Section 458.66(c) in three places;
(m) Section 458.67 introductory text; and
(n) Section 458.79.
Secs. 458.50, 458.51, 458.52, 458.64, 458.65, 458.66, 458.67,
458.79 [Amended]
41. In 29 CFR part 458, remove the word ``Director'' and add, in
its place, the term ``Chief, DOE'' in the following places:
(a) Section 458.50(a);
(b) Section 458.51;
(c) Section 458.52;
(d) Section 458.64(b);
(e) Section 458.64(c)
(f) Section 458.65(a)
(g) Section 458.65(c)
(h) Section 458.66(a) in two places;
(i) Section 458.66(c) in three places;
(j) Section 458.67 in two places; and
(k) Section 458.79.
42. Section 458.92 is revised to read as follows:
Sec. 458.92 Compliance with decisions and orders of the Assistant
Secretary.
When remedial action is ordered, the respondent shall report to the
Assistant Secretary, within a specified period, that the required
remedial action has been effected. When the Assistant Secretary finds
that the required remedial action has not been effected, he shall refer
the matter for appropriate action to the Federal Labor Relations
Authority (in the case of labor organizations covered by the CSRA), the
Foreign Service Labor Relations Board (in the case of labor
organizations covered by the FSA), or the Board of Directors of the
Office of Compliance (in the case of labor organizations covered by the
Congressional Accountability Act).
PART 459--MISCELLANEOUS
43. The authority citation for part 459 is revised to read as
follows:
Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117; 2 U.S.C.
1351(a)(1); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.
Signed in Washington, D.C. this 31st day of January, 1997.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
[FR Doc. 97-3096 Filed 2-7-97; 8:45 am]
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