[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR404.1]

[Page 148-149]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 404_LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS--Table of Contents
 
Sec. 404.1  Definitions.




Sec.
404.1 Definitions.
404.2 Annual report.
404.3 Form of annual report.
404.4 Special report.
404.5 Attorney-client communications exempted.
404.6 Personal responsibility of signatories of reports.
404.7 Maintenance and retention of records.
404.8 Publication of reports required by this part.
404.9 OMB control number.

    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.

    Source: 28 FR 14384, Dec. 27, 1963, unless otherwise noted.


    As used in this part the term:
    (a)(1) Fiscal year means the calendar year or other period of 12 
consecutive calendar months, on the basis of which financial accounts of 
the labor organization officer or employee are kept. Where a labor 
organization officer or employee designates a new fiscal year period 
prior to the expiration of a previously established fiscal year period, 
the resultant period of less than 12 consecutive calendar months, and 
thereafter the newly established fiscal year, shall in that order 
constitute the fiscal year for purposes of the reports required to be 
filed by section 202(a) of the Act and the regulations in this part.
    (2) A labor organization officer or employee who is subject to 
section 202(a) of the Act for only a portion of his fiscal year because 
the labor organization officer or employee first becomes subject to the 
Act during such fiscal year, may consider such portion as the entire 
fiscal year in making this report under this part.

[[Page 149]]

    (b) Labor organization officer means any constitutional officer, any 
person authorized to perform the functions of president, vice president, 
secretary, treasurer, or other executive functions of a labor 
organization, and any member of its executive board or similar governing 
body.
    (c) Labor organization employee means any individual (other than an 
individual performing exclusively custodial or clerical services) 
employed by a labor organization.
    (d) Employer means any employer or any group or association of 
employers engaged in an industry affecting commerce (1) which is, with 
respect to employees engaged in an industry affecting commerce, an 
employer within the meaning of any law of the United States relating to 
the employment of any employees or (2) which may deal with any labor 
organization concerning grievances, labor disputes, wages, rates of pay, 
hours of employment, or conditions of work, and includes any person 
acting directly or indirectly as an employer or as an agent of an 
employer in relation to an employee but does not include the United 
States or any corporation wholly owned by the Government of the United 
States or any State or political subdivision thereof.

[28 FR 14384, Dec. 27, 1963, as amended at 50 FR 31310, Aug. 1, 1985]