Sec. 31-77. Annual reports. As used in this section, "labor organization" means
any organization or association or any agency or employee representation committee or
plan which exists for the purpose, in whole or part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of employment or conditions of
work, or any federation or council located in this state representing any group of such
labor organizations. Except for labor organizations subject to the provisions of the Labor-Management Reporting and Disclosure Act of 1959 (Public Law 86-267), each
labor organization functioning in the state and having twenty-five or more members in
any calendar or fiscal year shall, annually, within three months after the end of the
calendar or fiscal year used as the basis for such report, file with the Labor Commissioner
and make available to its membership a written report either in the form required by
Public Law 86-267 or the Internal Revenue Code. Such report shall be filed and transmitted by the treasurer or other chief financial officer of such labor organization and shall
be verified by the oath of the treasurer or other chief financial officer filing such report
and copies of such report shall be furnished to individual members at the regular or
special meeting of the labor organization at which such report is presented and shall be
available during the year following the year covered by the report at the labor organization's office during regular business hours and upon request of any member. Reports
under the provisions of this section shall not be open to public inspection except that
any person may examine the report of any labor organization of which he is a member,
and except that the state may audit any such report so filed at the written request of
any member and shall transmit to any such member and the labor organization which
submitted the report the results of any such audit. The treasurer or other chief financial
officer of any labor organization or any other individual charged with the filing of such
reports who fails to comply with the provisions of this section shall forfeit to the state
twenty-five dollars for each such failure. The Labor Commissioner may destroy any
report filed under the provisions of this section after such report has been on file two
years.
(1957, P.A. 628, S. 1, 2, 3; 1959, P.A. 507; 1961, P.A. 258; 1971, P.A. 77; P.A. 88-364, S. 47, 123.)
History: 1959 act changed time for filing report and content requirement; 1961 act added exception to filing requirement
for labor organizations subject to provisions of Labor-Management Reporting and Disclosure Act of 1959, changed reference from Taft-Hartley Act to Public Act 86-267, and specified that provisions re examination and audit of reports apply
to reports of labor organizations for clarity; 1971 act required that reports be filed with labor commissioner rather than
with secretary of the state and accordingly transferred power to destroy reports from the secretary to the commissioner;
P.A. 88-364 made technical changes.
Secs. 31-78 to 31-89. Employee welfare funds, generally. Examination of affairs of fund, generally. Annual statements. Insurers to file schedules with commissioner. Waiver of provisions for out-of-state funds. Prohibition of compensation
for placing insurance. Actions against trustees, employers, labor organizations for
violations. Appeal. Definitions. Sections 31-78 to 31-89, inclusive, are repealed.
(1957, P.A. 594, S. 1-12; 1961, P.A. 143; 354; 1963, P.A. 262; 1967, P.A. 732.)
Sec. 31-89a. Civil action to collect past due payments to funds. Penalty. (a)
Payments to employee welfare funds, as defined in subsection (h) of section 31-53,
which are past due under the terms of a written contract or rules and regulations adopted
by the trustees of such funds shall be considered as wages for the purpose of section
31-72.
(b) Any proprietor or partner who fails to pay the contributions when due to an
employee welfare fund, as defined in said subsection, under the terms of a written contract or rules and regulations adopted by the trustees of such funds, or any officer, director
or employee of any corporation who has been made responsible by the corporation for
payment of such contributions which have not been paid when due, shall be fined not
more than two hundred dollars or imprisoned not more than thirty days or both for
each week of nonpayment. In addition, any proprietor or partner who fails to pay such
contributions when due, and the officers or directors of any corporation which fails to
pay such contributions when due, whether or not such officers or directors were made
responsible by the corporation for the payment of such contributions, shall be personally
liable in a civil action for payment of the amounts due such fund, as well as costs and
reasonable attorney's fees.
(1961, P.A. 218; 1967, P.A. 797; P.A. 80-296.)
History: 1967 act replaced reference to Sec. 31-78 with reference to Sec. 31-53(h) and added reference to rules and
regulations of fund trustees in Subsec. (a) and added Subsec. (b) imposing penalty for failure to pay contributions when
due; P.A. 80-296 clarified provisions of Subsec. (b) and stated that officers, proprietors, etc. who fail to make contributions
when due are liable for payment in a civil action regardless of whether they were "made responsible by the corporation
for the payment of such contributions".
Liability under this section is not extended because of failure to file notice of resignation required by Sec. 33-319a.
207 C. 639, 640, 642, 644, 645.
Statute intended to apply to situations involving labor organizations. 57 CA 419.
Sec. 31-89b. Allocation of electricians' union pension fund contributions. (a)
Whenever any contribution is made by an employer to a pension fund for the benefit
of a member of a labor union of licensed electricians and apprentices as defined in
section 20-330, the contribution made on behalf of such individual member shall be
transmitted to the pension fund of the local union of which he is a member.
(b) Any funds held by a local electrical union pension fund either directly or indirectly under its control, which were contributed after June 1, 1963, on behalf of a member
of another local electrical union, shall be transmitted to the pension fund of the local
electrical union, of which the person on behalf of whom the contribution was made was
a member at the time such contribution was made.
(c) Any such local electrical union which, within ninety days from July 1, 1969,
fails to remit such contributions, received prior to such date, which are required to be
remitted under this section, shall be fined not less than fifty dollars nor more than one
hundred dollars for each day, after such period, during which it fails to remit such funds.
(d) Any such local electrical union which fails, within sixty days of their receipt,
to remit such contributions, received after July 1, 1969, which are required by this section
to be remitted shall be fined not less than fifty dollars nor more than one hundred dollars
for each day, after such period, during which it fails to remit such funds.
(1969, P.A. 621, S. 1.)