Technical Amendments of Rules Relating to Labor-Management Programs, Labor-Management Standards, and Standards of Conduct for Federal Sector Labor Organizations

SUMMARY: This document makes a number of technical amendments to

Chapters II and IV of the Department of Labor's regulations. These

amendments are necessary because of a reorganization within the

Department and the enactment of the Congressional Accountability Act of

1995. This document also makes several other technical amendments and

corrections.

EFFECTIVE DATE: February 10, 1997.

FOR FURTHER INFORMATION CONTACT: Kay H. Oshel, Chief, Division of

Interpretations and Standards, Office of Labor-Management Standards,

Employment Standards Administration, U.S. Department of Labor, Room N-

5605, Washington, D.C. 20210, (202) 219-7373 (this is not a toll-free

number).

SUPPLEMENTARY INFORMATION: Secretary's Order No. 5-96 (62 FR 107,

January 2, 1997) delegated authority and assigned responsibilities to

the Assistant Secretary for Employment Standards, head of the

Employment Standards Administration (ESA), which had been previously

delegated and assigned to the Assistant Secretary for the American

Workplace, head of the Office of the American Workplace (OAW). OAW and

the position of Assistant Secretary for the American Workplace have

been abolished. The Office of Labor-Management Standards (OLMS), which

had been a unit within OAW, is now a unit within ESA. The Office of

Labor-Management Programs, which had also been a unit within OAW, has

been abolished and the statutory programs for which it had authority

and responsibilities have been delegated and assigned to OLMS.

In addition, section 220(a)(1) of the Congressional Accountability

Act (CAA), 2 U.S.C. 1351(a), and part 2428 of the implementing

regulations, 142 Cong. R. S12062 (daily ed., October 1, 1996), 142

Cong. R. H10369 (daily ed., September 12, 1996), grant the Department

jurisdiction over labor organizations covered by the CAA in

implementing the standards of conduct provisions of the Civil Service

Reform Act of 1980, 5 U.S.C. 7120. Secretary's Order 5-96 (62 FR 107,

January 2, 1997) also assigned this jurisdiction to the Assistant

Secretary for Employment Standards.

Consequently, the authority and responsibilities of the Assistant

Secretary for Employment Standards now include the functions to be

performed by the Secretary of Labor under (1) the employee protection

provisions of the Federal Transit Law, 49 U.S.C. 5333(b) and related

provisions, (2) section 43(d) of the Airline Deregulation Act of 1978,

repealed and reenacted at 49 U.S.C. 42101-42103, (3) section 405(a),

(b), (c), and (e) of the Rail Passenger Service Act of 1970, 45 U.S.C.

565(a), (b), (c), and (e), (4) the Labor-Management Reporting and

Disclosure Act of 1959, as amended (LMRDA), 29 U.S.C. 401 et seq.; (5)

section 1209 of the Postal Reorganization Act of 1970, 39 U.S.C. 1209;

(6) the provisions relating to standards of conduct for federal sector

labor organizations in the Civil Service Reform Act of 1978, 5 U.S.C.

7120, and the Foreign Service Act of 1980, 22 U.S.C. 4117, and (7)

section 220(a)(1) of the Congressional Accountability Act of 1995, 2

U.S.C. 1351(a)(1), Public Law No. 104-1, 109 Stat. 3.

As a result of this reorganization and the enactment of the CAA, a

number of technical amendments to the regulations are necessary. First,

the heading for chapter II of title 29 of the Code of Federal

Regulations (CFR) is changed from ``Office of Labor-Management

Programs, Department of Labor'' to ``Office of Labor-Management

Standards, Department of Labor.'' Second, the authority citation for

each part in chapters II and IV of title 29 of the Code of Federal

Regulations is amended to replace ``Secretary's Order No. 2-93 (58 FR

42578)'' with ``Secretary's Order No. 5-96 (62 FR 107, January 2,

1997).'' Third, the definition of ``Assistant Secretary'' is changed

from ``Assistant Secretary for the American Workplace'' to ``Assistant

Secretary for Employment Standards.'' Fourth, the definition of

``Office'' is revised to indicate that the Office of Labor-Management

Standards is part of the Employment Standards Administration. Finally,

a reference to the CAA is added to the authority citations for parts

457-459, which implement the CSRA provisions on standards of conduct

for federal sector labor organizations, and references and pertinent

definitions relating to the CAA are added in appropriate sections of

parts 457-459 and in section 451.3(a)(4).

Several additional technical amendments are made to the regulations

because of a reorganization within OLMS. First, the position of

Director, Office of Elections, Trusteeships, and International Union

Audits has been abolished. The duties previously assigned to the

Director in the regulations are now assigned to the Chief of the

Division of Enforcement (DOE) within OLMS. Second, the duties

previously assigned to Regional Directors in the regulations are now

assigned to District Directors. Accordingly, the definitions of

``Director'' and ``Regional Director'' have been replaced with

definitions of ``Chief, DOE'' and ``District Director,'' respectively.

Similarly, references to the ``Director'' and ``Regional Directors''

have been replaced with references to ``Chief, DOE'' and ``District

Directors,'' respectively.

Two other technical amendments are made in part 220 to reflect an

earlier reorganization within the Department by removing references to

the Bureau of Labor-Management Relations and Cooperative Programs, an

entity which had previously been abolished. Another two technical

amendments are made to indicate the citation of final rules which

established the current reporting forms for labor organization annual

financial reports.

Finally, two technical corrections are being made in order for the

regulations to conform with prior regulatory amendments. These

corrections should have been made at the time the earlier rules were

proposed and issued in final, but were inadvertently omitted from those

rules.

First, the regulations are amended at sections 402.5, 403.4(b)(5),

and 403.5 to permit a labor organization, which is eligible to file the

annual financial report required by the LMRDA on simplified reporting

Form LM-4, to also file its terminal report on Form LM-4. Form LM-4,

which may be used by very small labor organizations with receipts less

than $10,000, is a new form that was first promulgated in a final rule

published in the Federal Register on October 30, 1992, 57 FR 49290, and

was revised in a final rule published in the Federal Register on

December 21, 1993, 58 FR 67594. The other annual financial reporting

forms are Form LM-3, which may be used by labor organizations with up

to $200,000 in annual receipts, and Form LM-2, which may be used by any

labor organization.

[[Page 6091]]

The regulations currently allow a labor organization which is

eligible to file its annual financial report on simplified Form LM-3 to

also file its terminal report on that form. Thus, prior to the

promulgation of Form LM-4, the regulations permitted a labor

organization which was eligible to file a simplified annual financial

report to also file its terminal report on that simplified reporting

form. However, the final rules which promulgated and revised Form LM-4

inadvertently neglected to amend other provisions in the regulations to

allow a labor organization eligible to use Form LM-4 for its annual

financial report to also use Form LM-4 for its terminal report. The

technical correction in this rule allowing very small labor

organizations to file a terminal financial report on Form LM-4 will

correct that inadvertent omission.

Second, the regulations implementing the standards of conduct for

federal sector unions are amended at section 458.30 by deleting the

last sentence. Section 458.30, which generally follows LMRDA section

401(h), 29 U.S.C. 481(h), currently provides that when a local union

officer is charged with serious misconduct and the union does not have

an adequate procedure for removing that officer, the union must follow

an adequate procedure which is defined in the regulations implementing

LMRDA section 401(h). The last sentence of the current section 458.30

further provides that a local union which does have an adequate officer

removal procedure in its constitution and bylaws must follow that

procedure.

The requirement set forth in this last sentence of section 458.30

follows the Department's former interpretation of the LMRDA which had

been set forth in the regulations implementing LMRDA section 401(h) at

subpart B of 29 CFR part 417. However, after an appellate court

rejected this interpretation of the LMRDA, the Department amended

subpart B of 29 CFR part 417 to eliminate the provision requiring a

union to follow the adequate officer removal procedure in its

constitution and bylaws. That final rule was published in the Federal

Register on December 21, 1994, 59 FR 65714.

Under the standards of conduct provisions of the Civil Service

Reform Act and the Foreign Service Act at 5 U.S.C. 7120(d) and 22

U.S.C. 4117(d), respectively, and the implementing regulations at 29

CFR 458.1, the standards of conduct regulations are to conform to the

requirements of the LMRDA and court decisions issued thereunder.

However, the final rule of December 21, 1994 inadvertently neglected to

amend the standards of conduct regulations to conform to the amendment

which was made to the LMRDA regulations pursuant to a court decision.

The technical correction made in this rule will correct that

inadvertent omission by deleting the last sentence of section 458.30.

This rule also corrects a typographical error in section 458.30 by

changing the cross-reference to the LMRDA regulations from the

incorrect ``Sec. 417.2(e)'' to the correct ``Sec. 417.2(b).''

Publication in Final

The undersigned has determined that this rulemaking need not be

published as a proposed rule, as generally required by the

Administrative Procedure Act (APA), 5 U.S.C. 553. The portion of this

rulemaking that reflects agency organization, procedure, and practice

is exempt under section 553(b)(A) of the APA. For the portion of this

rulemaking that makes amendments required by statute and technical

amendments and corrections, there is good cause for finding that notice

and public procedure is unnecessary and contrary to the public

interest, pursuant to section 553(b)(B) of the APA.

Effective Date

The undersigned has determined that good cause exists for waiving

the customary requirement for delay in the effective date of a final

rule for 30 days following its publication since this rule is technical

and nonsubstantive, merely reflects agency organization, practice, and

procedure, and makes amendments required by statute and technical

amendments and corrections. Therefore, these amendments shall be

effective upon publication. See 5 U.S.C. 553(d).

Administrative Requirements

A. Executive Order 12866

The Department of Labor has determined that this rule is not a

significant regulatory action as defined in section 3(f) of Executive

Order 12866 in that it will not (1) have an annual effect on the

economy of $100 million or more, or adversely affect in a material way

the economy, a sector of the economy, productivity, competition, jobs,

the environment, public health or safety, or State, local, or tribal

governments or communities, (2) create a serious inconsistency or

otherwise interfere with an action taken or planned by another agency,

(3) materially alter the budgetary impact of entitlements, grants, user

fees, or loan programs or the rights and obligations of recipients

thereof, or (4) raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

Executive Order 12866.

B. Regulatory Flexibility Act

Because a notice of proposed rulemaking is not required for this

rule under 5 U.S.C. 553(b), the requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., pertaining to regulatory

flexibility analysis do not apply. See 5 U.S.C. 601(2). Therefore, a

regulatory flexibility analysis is not required.

C. Paperwork Reduction Act

This rule contains no additional information collection

requirements. The information collection requirements in the

regulations to which this rule makes technical amendments have been

approved by the Office of Management and Budget (OMB control number

1215-0188).

D. Small Business Regulatory Enforcement Fairness Act

The Department has determined that this final rule is not a ``major

rule'' requiring prior approval by the Congress and the President

pursuant to the Small Business Regulatory Enforcement Fairness Act of

1996 (5 U.S.C. 804), because it is not likely to result in (1) an

annual effect on the economy of $100 million or more, (2) a major

increase in costs or prices for consumers, individual industries,

Federal, State, or local government agencies, or geographic regions, or

(3) significant adverse effects on competition, employment, investment,

productivity, innovation, or the ability of United States-based

enterprises to compete with foreign-based enterprises in domestic and

export markets.

Further, since the Department has determined, for good cause, that

publication of a proposed rule and solicitation of comments on this

rule is not necessary, under 5 U.S.C. 808(2), this final rule is

effective immediately upon publication as stated previously in this

notice.

E. Unfunded Mandates Reform Act

For purposes of Section 2 of the Unfunded Mandates Reform Act of

1995, 2 U.S.C. 1532, as well as Executive Order 12875 (58 FR 58093,

October 28, 1993), this rule does not include any federal mandate that

may result in increased expenditures by State, local and tribal

governments, or increased expenditures by the private sector of more

than $100 million.

[[Page 6092]]

List of Subjects

29 CFR Part 215

Grant administration; Grants--transportation; Labor-management

relations; Labor unions; Mass transportation.

29 CFR Part 220

Labor, Airline employees, Air carriers.

29 CFR Parts 401, 417, 451, and 452

Labor unions.

29 CFR Parts 402, 403, 404, and 408

Labor unions, Reporting and recordkeeping requirements.

29 CFR 405 and 406

Labor-management relations, Reporting and recordkeeping

requirements.

29 CFR 409

Insurance companies, Reporting and recordkeeping requirements.

29 CFR Part 453

Labor unions, Surety bonds.

29 CFR Parts 457, 458, and 459

Labor unions, Reporting and recordkeeping requirements,

Administrative practice and procedure.

Adoption of Amendments of Regulations

In consideration of the foregoing, the Office of Labor-Management

Standards, Employment Standards Administration, Department of Labor

hereby amends Chapters II and IV of title 29 of the Code of Federal

Regulations as set forth below.

CHAPTER II--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR

1. The heading of Chapter II is revised to read ``Office of Labor-

Management Standards, Department of Labor.''

PART 215--GUIDELINES, SECTION 5333(b), FEDERAL TRANSIT LAW

2. The authority citation for part 215 is revised to read as

follows:

Authority: Secretary's Order No. 5-96, 62 FR 107, January 2,

1997.

PART 220--AIRLINE EMPLOYEE PROTECTION PROGRAM

3. The authority citation for part 220 is revised to read as

follows:

Authority: Section 43(f) of the Airline Deregulation Act of

1978, Pub. L. No. 95-504, 92 Stat. 1750-1753 (49 U.S.C. 1552);

Secretary's Order No. 1-79, 44 FR 13093; Secretary's Order No. 5-96

62 FR 107, January 2, 1997.

Sec. 220.04 [Amended]

4. Section 220.04 is amended by removing the words ``Deputy Under

Secretary for Labor-Management Relations and Cooperative Programs,

Bureau of Labor-Management Relations and Cooperative Programs

(BLMRCP)'' from the introductory text and adding in their place the

words ``Assistant Secretary for Employment Standards.''

Sec. 220.26 [Amended]

5. Section 220.26(c) is amended by removing the words ``Bureau of

Labor-Management Relations and Cooperative Programs, room N-5416'' and

adding in their place the words ``Division of Statutory Programs,

Office of Labor-Management Standards.''

CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR

PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER

6-7. The authority citation for part 401 is revised to read as

follows:

Authority: Secs. 3, 208, 301, 401, 402, 73 Stat. 520, 529, 530,

532, 534 (29 U.S.C. 402, 438, 461, 481, 482); Secretary's Order No.

5-96, 62 FR 107, January 2, 1997; Sec. 401.4 also issued under sec.

320 of Title III of the Bankruptcy Reform Act of 1978, Pub. L. 95-

598, 92 Stat. 2678.

8. Section 401.18 is revised to read as follows:

Sec. 401.18 Office.

Office means the Office of Labor-Management Standards, Employment

Standards Administration, United States Department of Labor.

9. Section 401.19 is revised to read as follows:

Sec. 401.19 Assistant Secretary.

Assistant Secretary means the Assistant Secretary of Labor for

Employment Standards, head of the Employment Standards Administration.

PART 402--LABOR ORGANIZATION INFORMATION REPORTS

10. The authority citation for part 402 is revised to read as

follows:

Authority: Secs. 201, 207, 208, 73 Stat. 524, 529 (29 U.S.C.

431, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,

1997.

11. Section 402.5 is amended by adding a new paragraph (c) to read

as follows:

Sec. 402.5 Terminal reports.

* * * * *

(c) Labor organizations which qualify to use Form LM-4, the Labor

Organization Annual Report, pursuant to Secs. 403.4 and 403.5 of this

chapter may file the terminal report called for in this section on Form

LM-4. The report must be signed by the president and treasurer, or

corresponding principal officers, of the labor organization.

PART 403--LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS

12. The authority citation for part 403 is revised to read as

follows:

Authority: Secs. 201, 207, 208, 301, 73 Stat. 524, 529, 530 (29

U.S.C. 431, 437, 438, 461); Secretary's Order No. 5-96, 62 FR 107,

January 2, 1997.

13. Section 403.3 is amended by adding a note at the end of the

text to read as follows:

Sec. 403.3 Form of annual financial report--detailed report.

* * * * *

Note: Form LM-2 was revised at 58 FR 67594, December 21, 1993.

Sec. 403.4 [Amended]

14. Section 403.4(b)(5) is amended by adding the words ``or LM-4,

as may be appropriate,'' after the words ``on Form LM-3''.

15. Section 403.4 is further amended by adding a note at the end of

the text to read as follows:

Sec. 403.4 Simplified annual reports for smaller labor organizations.

* * * * *

Note: Forms LM-3 and LM-4 were revised at 58 FR 67594, December

21, 1993.

Sec. 403.5 [Amended]

16. Section 403.5(a) is amended by removing the words ``on Form LM-

2 or Form LM-3'' and adding the words ``on Form LM-2, LM-3, or LM-4,''

in their place.

PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS

17. The authority citation for part 404 is revised to read as

follows:

Authority: Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C.

432, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,

1997.

PART 405--EMPLOYER REPORTS

18. The authority citation for part 405 is revised to read as

follows:

Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C.

433, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,

1997.

[[Page 6093]]

PART 406--REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER

PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS

19. The authority citation for part 406 is revised to read as

follows:

Authority: Secs. 203, 207, 208, 73 Stat. 526, 529 (29 U.S.C.

433, 437, 438); Secretary's Order No. 5-96, 62 FR 107, January 2,

1997.

PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS

20. The authority citation for part 408 is revised to read as

follows:

Authority: Secs. 201, 207, 208, 301, 73 Stat. 524, 529, 530 (29

U.S.C. 431, 437, 438, 461); Secretary's Order No. 5-96, 62 FR 107,

January 2, 1997.

PART 409--REPORTS BY SURETY COMPANIES

21. The authority citation for part 409 is revised to read as

follows:

Authority: Secs. 207, 208, 211; 79 Stat. 888; 88 Stat. 852 (29

U.S.C. 437, 438, 441); Secretary's Order No. 5-96, 62 FR 107,

January 2, 1997.

PART 417--PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION

OFFICERS

22. The authority citation for part 417 is revised to read as

follows:

Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481,

482); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.

23. In Sec. 417.2, paragraph (a) is revised to read as follows:

Sec. 417.2 Definitions.

(a) Chief, DOE means the Chief of the Division of Enforcement

within the Office of Labor-Management Standards.

* * * * *

Secs. 417.4, 417.16 [Amended]

24. Part 417 is amended by removing the word ``Director'' and

adding, in its place, the term ``Chief, DOE'' in the following places:

(a) Section 417.4(a);

(b) Section 417.4(b) in three places; and

(c) Section 417.16(a) in two places.

PART 451--LABOR ORGANIZATIONS AS DEFINED IN THE LABOR-MANAGEMENT

REPORTING AND DISCLOSURE ACT OF 1959

25. The authority citation for part 451 is revised to read as

follows:

Authority: Secs. 3, 208, 401, 73 Stat. 520, 529, 532 (29 U.S.C.

402, 438, 481); Secretary's Order No. 5-96, 62 FR 107, January 2,

1997.

Sec. 451.3 [Amended]

26. Section 451.3(a)(4) is amended by adding a new sentence in the

parenthetical statement, after the sentence which ends with the words

``5 U.S.C. 7120 and 22 U.S.C. 4117, respectively,'' to read as follows:

``In addition, labor organizations subject to the Congressional

Accountability Act of 1995 are subject to the standards of conduct

provisions of the Civil Service Reform Act pursuant to 2 U.S.C.

1351(a)(1).''

PART 452--GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF

THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959

27. The authority citation for part 452 is revised to read as

follows:

Authority: Secs. 401, 402, 73 Stat. 532, 534 (29 U.S.C. 481,

482); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.

PART 453--GENERAL STATEMENT CONCERNING THE BONDING REQUIREMENTS OF

THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959

28. The authority citation for part 453 is revised to read as

follows:

Authority: Sec. 502, 73 Stat. 536; 79 Stat. 888 (29 U.S.C. 502);

Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.

PART 457--GENERAL

29. The authority citation for part 457 is revised to read as

follows:

Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117; 2 U.S.C.

1351(a)(1); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.

30. A new footnote is added at the end of Sec. 457.1 to read as

follows:

Sec. 457.1 Purpose and scope.

* * * * *

\1\ Pursuant to section 220(a)(1) of the Congressional

Accountability Act of 1995, 2 U.S.C. 1351(a)(1), labor organizations

covered by that statute are subject to the standards of conduct

provisions of the Civil Service Reform Act, 5 U.S.C. 7120, and are

therefore subject to the regulations in this subchapter. Regulations

implementing the Congressional Accountability Act were issued at 142

Cong. R. S12062 (daily ed., October 1, 1996) and 142 Cong. R. H10369

(Daily ed., September 12, 1996).

31. Section 457.10 is revised to read as follows:

Sec. 457.10 CSRA; FSA; CAA; LMRDA.

CSRA means the Civil Service Reform Act of 1978; FSA means the

Foreign Service Act of 1980; CAA means the Congressional Accountability

Act of 1995; LMRDA means the Labor-Management Reporting and Disclosure

Act of 1959, as amended.

32. Section 457.11 is revised to read as follows:

Sec. 457.11 Agency, employee, labor organization, dues, Department,

activity, employing office.

Agency, employee, labor organization, and dues, when used in

connection with the CSRA, have the meanings set forth in 5 U.S.C. 7103.

Employee, labor organization, and dues, when used in connection with

the FSA, have the meanings set forth in 22 U.S.C. 4102; Department,

when used in connection with the FSA, means the Department of State,

except that with reference to the exercise of functions under the FSA

with respect to another agency authorized to utilize the Foreign

Service personnel system, such term means that other agency. Covered

employee, employee, employing office, and agency, when used in

connection with the CAA, have the meanings set forth in 2 U.S.C. 1301

and 1351(a)(2). Activity means any facility, organizational entity, or

geographical subdivision or combination thereof of any agency or

employing office.

33. Section 457.12 is revised to read as follows:

Sec. 457.12 Authority; Board.

Authority means the Federal Labor Relations Authority as described

in the CSRA, 5 U.S.C. 7104 and 7105. Board, when used in connection

with the FSA, means the Foreign Service Labor Relations Board as

described in the FSA, 22 U.S.C. 4106(a). ``Board,'' when used in

connection with the CAA, means the Board of Directors of the Office of

Compliance as described in 2 U.S.C. 1301 and 1381(b).

34. Section 457.13 and its footnote are revised to read as follows:

Sec. 457.13 Assistant Secretary.

Assistant Secretary means the Assistant Secretary of Labor for

Employment Standards, head of the Employment Standards

Administration.\2\

\2\ Pursuant to Secretary of Labor's Order No. 5-96 (62 FR 107,

January 2, 1997), the Assistant Secretary for Employment Standards

has the responsibility and authority for implementing the standards

of conduct provisions of the CSRA and the FSA.

35. Section 457.14 is revised to read as follows:

Sec. 457.14 Standards of conduct for labor organizations.

Standards of conduct for labor organizations shall have the meaning

as set forth in the CSRA, 5 U.S.C. 7120, and the FSA, 22 U.S.C. 4117,

and as

[[Page 6094]]

amplified in part 458 of this subchapter. The standards of conduct

provisions of the CSRA and the regulations in this subchapter are

applicable to labor organizations covered by the CAA pursuant to 2

U.S.C. 1351(a)(1).

36. Section 457.15 is revised to read as follows:

Sec. 457.15 District Director.

District Director means the Director of a district office within

the Office of Labor-Management Standards.

37. Section 457.16 is revised to read as follows:

Sec. 457.16 Chief, DOE.

Chief, DOE means the Chief of the Division of Enforcement within

the Office of Labor-Management Standards.

PART 458--STANDARDS OF CONDUCT

38. The authority citation for part 458 is revised to read as

follows:

Authority: 5 U.S.C. 7105, 7111, 7120, 7134; 22 U.S.C. 4107,

4111, 4117; 2 U.S.C. 1351(a)(1); Secretary's Order No. 5-96 62 FR

107, January 2, 1997.

39. Section 458.30 is revised to read as follows:

Sec. 458.30 Removal of elected officers.

When an elected officer of a local labor organization is charged

with serious misconduct and the constitution and bylaws of such

organization do not provide an adequate procedure meeting the standards

of Sec. 417.2(b) of this chapter for removal of such officer, the labor

organization shall follow a procedure which meets those standards.

Secs. 458.50, 458.51, 458.52, 458.56, 458.57, 458.59, 458.60, 458.61,

458.64, 458.66, 458.67, 458.79 [Amended]

40. In 29 CFR part 458, remove the words ``Regional Director'' and

add, in their place, the words ``District Director'' in the following

places:

(a) Section 458.50(b);

(b) Section 458.51;

(c) Section 458.52;

(d) Section 458.56;

(e) Section 458.57;

(f) Section 458.58;

(g) Section 458.59;

(h) Section 458.60;

(i) Section 458.61;

(j) Section 458.64(a);

(k) Section 458.66(b) in two places;

(l) Section 458.66(c) in three places;

(m) Section 458.67 introductory text; and

(n) Section 458.79.

Secs. 458.50, 458.51, 458.52, 458.64, 458.65, 458.66, 458.67,

458.79 [Amended]

41. In 29 CFR part 458, remove the word ``Director'' and add, in

its place, the term ``Chief, DOE'' in the following places:

(a) Section 458.50(a);

(b) Section 458.51;

(c) Section 458.52;

(d) Section 458.64(b);

(e) Section 458.64(c)

(f) Section 458.65(a)

(g) Section 458.65(c)

(h) Section 458.66(a) in two places;

(i) Section 458.66(c) in three places;

(j) Section 458.67 in two places; and

(k) Section 458.79.

42. Section 458.92 is revised to read as follows:

Sec. 458.92 Compliance with decisions and orders of the Assistant

Secretary.

When remedial action is ordered, the respondent shall report to the

Assistant Secretary, within a specified period, that the required

remedial action has been effected. When the Assistant Secretary finds

that the required remedial action has not been effected, he shall refer

the matter for appropriate action to the Federal Labor Relations

Authority (in the case of labor organizations covered by the CSRA), the

Foreign Service Labor Relations Board (in the case of labor

organizations covered by the FSA), or the Board of Directors of the

Office of Compliance (in the case of labor organizations covered by the

Congressional Accountability Act).

PART 459--MISCELLANEOUS

43. The authority citation for part 459 is revised to read as

follows:

Authority: 5 U.S.C. 7120, 7134; 22 U.S.C. 4117; 2 U.S.C.

1351(a)(1); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.

Signed in Washington, D.C. this 31st day of January, 1997.

Bernard E. Anderson,

Assistant Secretary for Employment Standards.

[FR Doc. 97-3096 Filed 2-7-97; 8:45 am]

BILLING CODE 4510-86-P