Introduction

This chapter addresses violations of 29 U.S.C. § 439, and 18 U.S.C. § 1027. Section 439(a) prohibits any person from willfully failing to comply with the reporting and disclosure provisions imposed by the Labor-Management Reporting and Disclosure Act (LMRDA) (29 U.S.C. § 401,

et seq

.) on labor unions, labor union officials, employers, and labor relations consultants in the private sector. Section 439(b) generally applies to the making of false statements in reports filed by such persons with the Department of Labor. Section 439(c) proscribes the willful falsification or destruction of documents which the LMRDA requires such persons to maintain.

Section 1027 prohibits any person from knowingly making false statements or failing to disclose required information in documents required by Title I of Employee Retirement Income Security Act (ERISA). These documents include reports which ERISA requires employee pension and welfare benefit plans to publish and file with the Department of Labor (29 U.S.C. § 1024), records which ERISA requires such employee benefit plans and others to maintain (29 U.S.C. § 1027), and information which must be certified to the administrator of such employee benefit plans (29 U.S.C. § 1023).

[updated January 2020]