CHAPTER 559
LABOR ORGANIZATIONS

Table of Contents

Sec. 31-77. Annual reports.
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.
Sec. 31-89a. Civil action to collect past due payments to funds. Penalty.
Sec. 31-89b. Allocation of electricians' union pension fund contributions.
Sec. 31-90. Attempt to prevent laborers joining labor organizations.
Sec. 31-90a. Balloting in labor organization elections.

      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.

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      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.)

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      Sec. 31-89a. Civil action to collect past due payments to funds. Penalty. (a) Payments to employee welfare funds, as defined in subsection (i) 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; P.A. 10-47, S. 3.)

      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"; P.A. 10-47 made a technical change in Subsec. (a).

      Liability under this section is not extended because of failure to file notice of resignation required by Sec. 33-319a. 207 C. 639.

      Statute intended to apply to situations involving labor organizations. 57 CA 419.


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      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.)

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      Sec. 31-90. Attempt to prevent laborers joining labor organizations. Any person, and any agent or officer of any corporation, who coerces or compels, or attempts to coerce or compel, any laborer, mechanic or other employee in the employ of such person or corporation to agree that, as a condition of retaining his position as such employee, he will not join any labor organization, shall be fined not more than two hundred dollars or be imprisoned not more than six months or both.

      (1949 Rev., S. 8530.)

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      Sec. 31-90a. Balloting in labor organization elections. In any election held by a local labor organization for the purpose of election of officers, election of trustees or ratification of the terms of a collective bargaining agreement, voting shall be by secret ballot at the request of any member in good standing of such local labor organization.

      (P.A. 79-444.)

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