Consultation Prior to Relief of Convicted Individuals From Labor-Management and Pension-Welfare Position Disqualification

The Labor-Management Unit of the Violent Crime and Racketeering Section recommends that it be consulted by promptly by telephone or email whenever a United States Attorney's Office learns that a convicted individual seeks relief from the employment or office holding disqualifications of 29 U.S.C. §§ 504 or 1111. The Labor-Management Unit can advise attorneys of the procedures to be followed in such proceedings and assist in the coordination of these matters with the Labor Department. The Labor-Management Unit can assist whenever a convicted individual files in district court (for disqualifying crimes completed after November 1, 1987) or with the United States Parole Commission (for disqualifying crimes committed before that date) an application for exemption from disqualification in a particular position at any time following conviction and sentence, moves a sentencing court for a reduction of the period of disqualification under the statutes to a minimum period of three years following conviction and sentence or end of resulting imprisonment, or whenever such relief is contemplated for inclusion in a plea or sentencing agreement.

See

Policy Statement Sec. 5J1.1, United States Sentencing Commission,

Guidelines Manual

(Effective June 15, 1988).

[updated January 2020] [cited in

JM 9-16.060

]