Ofc. of Labor-Management Standards, Labor § 452.20

labor organization are to be filled in treasurer, or other executive functions the manner prescribed in the Act. For of a labor organization’’ brings within purposes of the Act, ‘‘officer’’ means the term ‘‘officer’’ any person who in ‘‘any constitutional officer, any person fact has executive or policy-making authorized to perform the functions of authority or responsibility, although president, vice president, secretary, he may not occupy a position identified treasurer, or other executive functions as an officer under the constitution of a labor organization, and any mem- and bylaws of the organization. Au- ber of its executive board or similar thorization to perform such functions governing body.’’ need not be contained in any provision of the constitution or bylaws or other § 452.18 Constitutional officers. document but may be inferred from ac- A constitutional officer refers to a tual practices or conduct. On the other person holding a position identified as hand, a person is not an officer merely an officer by the constitution and by- because he performs ministerial acts laws of the labor organization. Thus, for a designated officer who alone has for example, a legislative representa- responsibility. The normal functions tive of a labor organization who per- performed by business agents and shop forms no executive functions and stewards, such as soliciting member- whose duties are confined to promoting ships, presenting or negotiating em- the interests of members in legislative ployee grievances within the work matters is nevertheless an officer who place, and negotiating contracts are is required to be elected where the not ‘‘other executive functions’’ as labor organization’s constitution iden- that phrase is used in section 3(n) of tifies the holder of such a position as the Act. However, a directing business an officer. On the other hand, legisla- representative or a business manager tive representatives who are required usually exercises such a degree of exec- to be elected by the constitution and utive authority as to be considered an bylaws of a labor organization are not officer and, therefore, must be elected. considered to be officers within the The duties normally pertaining to meaning of the Act if they are not des- membership on a bargaining com- ignated as such by the constitution, mittee do not come within the phrase are not members of any executive ‘‘other executive functions.’’ However, board or similar governing body, and persons occupying such non-executive do not perform executive functions. As positions may be ‘‘officers’’ if they are defined in the Act, however, the term ex officio members of the organiza- ‘‘officer’’ is not limited to individuals tion’s executive board (or similar gov- in positions identified as such or pro- erning body) or if the constitution or vided for in the constitution or other bylaws of the union designate such po- organic law of the labor organization. 17 sitions as officers. The post of Honorary President, Presi- dent Emeritus or Past President that § 452.20 Nature of executive functions. is to be assumed by the retiring chief (a) The functions that will bring a executive officer of a union would not particular position with a title other be an officer position unless it is des- than president, vice-president, sec- ignated as an officer position by the retary-treasurer, or executive board union’s constitution, or the holder of member within the definition of ‘‘offi- the position performs executive func- cer’’ cannot be precisely defined. They tions or serves on an executive board are the functions typically performed or similar governing body. by officers holding these titles in cur- rent labor union practice. Decisions in § 452.19 Executive functions. each case will require a practical judg- The definitional phrase ‘‘a person au- ment. As a general rule, a person will thorized to perform the functions of be regarded as being authorized to per- president, vice president, secretary, form the functions of president if he is the chief or principal executive officer 17 Cf. NLRB v. Coca-Cola Bottling Co., 350 of the labor organization. Similarly, he U.S. 264 (1956). See also, Daily Cong. Rec. will be regarded as being authorized to 5867, Sen., Apr. 23, 1959. perform the functions of treasurer if he

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