Union Organization and Voting Rights: Criteria for Characterizing a Labor Organization as a “Local,” “Intermediate,” or “National or International” Labor Organization

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This notice is a request for information from the public to assist the Department of Labor ("Department") in evaluating its methods for determining when a labor organization constitutes a "local," "intermediate" or "national or international" labor organization. Title IV of the Labor-Management Reporting and Disclosure Act of 1959 ("Act"), 29 U.S.C 481-484, gives the Secretary of Labor authority to enforce the union officer election provisions of the Act. The Act calls for different election intervals and methods, depending on the type of labor union holding the election. In cases in which the labor organization at issue has no subordinate labor organizations, the Department considers the labor organization to be a local union if it exercises functions traditionally associated with local labor organizations. In cases in which an intermediate body with subordinate local unions is claimed to be a local union, the Department considers the intermediate body to be a local union if the intermediate body performs so many of the functions of the local unions that the local unions no longer continue to play a meaningful role. See Harrington v. Chao, 372 F.3d 52 (1st Cir. 2004). This analysi