[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Notices]
[Pages 20601-20603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7890]


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DEPARTMENT OF LABOR

Employment Standards Administration


Notice of Signing of a Memorandum of Understanding Between the 
Departments of Justice and Labor Relating to the Investigation and 
Prosecution of Crimes and Civil Enforcement Actions Under the Labor-
Management Reporting and Disclosure Act of 1959

AGENCY: Employment Standards Administration, Labor.

ACTION: Notice of Memorandum of Understanding between the Departments 
of Justice and Labor.

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SUMMARY: The Department of Labor, Employment Standards Administration, 
is providing notice of a Memorandum of Understanding between the 
Departments of Justice and Labor (MOU), signed January 18, 2005. The 
MOU describes the responsibilities of each agency in the performance of 
functions under the Labor-Management Reporting and Disclosure Act of 
1959 (Act). The purpose of the MOU is to revise a previous Memorandum 
of Understanding Between the Departments of Justice and Labor (1960 
Memorandum of Understanding) concerning the allocation of such 
responsibilities. The MOU enhances administrative efficiency in the 
investigation and prosecution of crimes and civil violations arising 
under the Act. A copy of the MOU is set forth below.

EFFECTIVE DATE: January 18, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. John H. Heaney, Chief, Division of 
Enforcement, Office of Labor-Management Standards, Employment Standards 
Administration, U.S. Department of Labor, Room N-5119, Washington, DC 
20210, (202) 693-1229 (this is not a toll-free number). TTY/TDD, 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: The Labor-Management Reporting and 
Disclosure Act of 1959 (Pub. L. 86-257; 29 U.S.C. 401-531) is designed 
to protect the rights and interests of individual employees and union 
members as they relate to the activities of labor organizations, labor 
organization officers and employees, employers, labor relations 
consultants, and their officers and representatives. Section 607 of the 
Act (29 U.S.C. 527) provides that, in order to avoid unnecessary 
expense and duplication of functions among government agencies, the 
Secretary of Labor may make agreements for cooperation and mutual 
assistance in the performance of the Secretary's functions under the 
Act. The first such agreement was entered into between the Departments 
of Labor and Justice in the 1960 Memorandum of Understanding. See 25 FR 
1708 (Feb. 26, 1960). To this same end, the MOU appended to this notice 
specifies which criminal matters will be investigated by the Department 
of Labor, which will be investigated by the Department of Justice, and 
which will be investigated by the Department of Justice under 
delegation from the Secretary of Labor, subject to specific 
arrangements agreed upon by the two Departments on a case-by-case 
basis.
    In addition, the MOU contains a provision, not present in the 1960 
Memorandum of Understanding, that specifies the respective roles of the 
Departments of Justice and Labor in regard to relief from the 
employment disabilities arising under Sec.  504 of title V, 29 U.S.C. 
504. Section 504 prohibits persons convicted of crimes specified in the 
statute from serving in stated capacities with an LMRDA-covered labor 
organization or employer association; from serving as a labor relations 
consultant or in a position with a corporation or association having 
specific collective bargaining authority or direct responsibility for 
labor-management relations; and from having decisionmaking authority or 
control of labor organization assets (other than as a member of the 
labor organization). The disability imposed by Section 504 extends 
until 13 years following a disqualifying conviction or end of any 
imprisonment resulting from such conviction.
    No Third-Party Rights Created: The MOU was adopted for the purpose 
of the internal management of the Executive Branch. The MOU is not 
intended to, does not, and may not be relied upon to, create any 
rights, substantive or procedural, enforceable at law or in equity by 
any party in any matter civil or criminal, nor does the MOU place any 
limitations on otherwise lawful investigative or litigation 
prerogatives of the United States Department of Justice or otherwise 
lawful investigative prerogatives of the United States Department of 
Labor.


[[Page 20602]]


    Dated at Washington, DC, this 15th day of April 2005.
Victoria A. Lipnic,
Assistant Secretary for Employment Standards Administration.
Don Todd,
Deputy Assistant Secretary for Labor-Management Programs.

Memorandum of Understanding Between the Departments of Justice and 
Labor Relating to the Investigation and Prosecution of Crimes and Civil 
Enforcement Actions Under the Labor-Management Reporting and Disclosure 
Act of 1959 (Pub. L. 86-257)

    Whereas, the Labor-Management Reporting and Disclosure Act of 1959 
(Public Law 86-257; 73 Stat. 519) imposes certain duties and 
responsibilities upon the Attorney General and Secretary of Labor with 
regard to prosecution of crimes arising under the Act and civil 
enforcement actions under the Act; and
    Whereas, that Act, in section 601, imposes upon the Secretary of 
Labor the responsibility for conducting investigations of persons who 
have violated, or are about to violate, any provision of the Act 
(except title I, or amendments made by this Act to other statutes); and
    Whereas, that Act, in section 607, provides that the Secretary of 
Labor may make interagency agreements to avoid unnecessary expense and 
duplication of functions among Government agencies and ensure 
cooperation and mutual assistance in the performance of functions under 
the Act; and
    Whereas, it is desirable and essential that areas of responsibility 
and procedures in connection with any investigations, prosecutions of 
offenses and civil enforcement actions arising under the Act should be 
the subject of formal agreement between the Departments;
    It is hereby agreed and understood between the Department of 
Justice and the Department of Labor as follows:
    1. Criminal Prosecutions. All cases involving violation of the 
criminal provisions of the Act will be prosecuted by the Department of 
Justice. Those cases investigated by the Department of Labor, 
hereinafter detailed, will be referred to the appropriate United States 
Attorney's office(s) where the criminal violation(s) occurred or to the 
Criminal Division, Department of Justice, as provided in section 607.
    2. Investigations of Matters Made Criminal by the Act. Subject to 
specific arrangements agreed upon by the Department of Justice and the 
Department of Labor on a case by case basis, investigations under the 
Act will be conducted as follows:
    (a) The Department of Labor will through its own staff investigate 
those criminal matters arising under:
    1. Title II (Reporting by labor organizations, officers and 
employees of labor organizations and employers).
    2. Title III (Trusteeship).
    3. Section 501(c) (Embezzlement of union funds) of title V.
    4. Section 502 (Bonding) of title V.
    5. Section 503 (Making of loans and payment of fines) of title V.
    6. Section 504 (Prohibition against certain persons holding office) 
of title V.
    7. Section 602 (Extortionate picketing) of title VI.
    8. Section 610 (Deprivation of rights by force and violence) of 
title VI.
    (b) The Department of Justice will investigate those criminal 
matters arising under section 505 (Containing an amendment to section 
302, Labor Management Relations Act, 1947, as amended) of title V, and 
under delegation from the Secretary of Labor, section 501(c) 
(Embezzlement of union funds) of title V, section 504 (Prohibition 
against certain person holding office) of title V, and section 610 
(Deprivation of rights by force and violence) of title VI.
    3. Notification. Whenever either Department learns or is informed 
of any matter coming within the investigative jurisdiction of the other 
Department, as set forth above, it will notify such other Department in 
writing and furnish all information in its possession regarding the 
matter.
    4. Exercise of other functions. Exercise of delegated investigative 
authority by the Department of Justice pursuant to this agreement shall 
not preclude the Department of Labor from making inquiries for the 
purpose of administrative action related to the crime being 
investigated. Nothing in this Memorandum of Understanding shall be 
construed to affect the investigative jurisdiction of the Department of 
Justice under other statutes.
    5. Prosecution of Civil Enforcement Actions. Any violations of the 
Act, which form the basis for civil enforcement actions, will be 
investigated by the Department of Labor. Whenever the Department of 
Labor concludes that a civil enforcement action should be instituted, 
it will refer the case to the Department of Justice, with the request 
that suit be instituted on behalf of the Secretary of Labor, and will 
furnish the Department of Justice with all pertinent information in the 
possession of the Department of Labor. Upon receipt of such request, 
the Department of Justice will institute and will conduct the civil 
enforcement action on behalf of the Secretary of Labor. The Department 
of Justice will not institute any civil enforcement action under the 
Act except upon the request of the Department of Labor, nor will the 
Department of Justice voluntarily dismiss any action so instituted 
except with the concurrence of the Department of Labor. The Department 
of Justice will dismiss any action so instituted upon the request of 
the Department of Labor. Department of Justice attorneys will 
collaborate with the attorneys of the Office of the Solicitor of Labor 
in the preparation and, to the extent feasible, in the presentation of 
such actions in court.
    6. Section 504(a) Proceedings. Subject to specific arrangements 
agreed upon by the Department of Justice and the Department of Labor on 
a case by case basis, the Department of Labor through its own staff 
will investigate matters arising under section 504(a)(B) of title V, as 
amended, (judicial determination that a disqualified person's service 
in any prohibited capacity would not be contrary to the purposes of the 
LMRDA). Following the investigation, the Department of Labor will issue 
its views on the appropriateness of such a judicial determination under 
section 504(a)(B). The Department of Justice will present the Secretary 
of Labor's views before a Federal sentencing judge or United States 
district court, by making all necessary appearances and filings. 
Department of Justice attorneys will collaborate with the attorneys of 
the Office of the Solicitor of Labor in the preparation and, to the 
extent feasible, in the presentation of the Secretary's views in court. 
With respect to relief under section 504(a) by judicial reduction of 
the period of disability, the Department of Justice will seek the views 
of the Department of Labor prior to opposing or agreeing to a request 
for such relief by a criminal defendant or disqualified person.
    7. Instructions. So that the terms of understanding will be 
effectively performed, both Departments will issue instructions for the 
guidance of its officers, such instructions to be submitted for comment 
to the other Department prior to their issuance.
    8. Periodic reviews of this agreement will be made to determine any 
adjustments which seem necessary based on experience under this Act.


[[Page 20603]]


    Signed at Washington, DC, this 18th day of January 2005.
John Ashcroft,
Attorney General.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 05-7890 Filed 4-19-05; 8:45 am]
BILLING CODE 4510-CP-P