[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: 29CFR452.19]

[Page 175]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 452_GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE 
LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959--Table of Contents
 
                Subpart C_Coverage of Election Provisions
 
Sec. 452.19  Executive functions.

    The definitional phrase ``a person authorized to perform the 
functions of president, vice president, secretary, treasurer, or other 
executive functions of a labor organization'' brings within the term 
``officer'' any person who in fact has executive or policy-making 
authority or responsibility, although he may not occupy a position 
identified as an officer under the constitution and bylaws of the 
organization. Authorization to perform such functions need not be 
contained in any provision of the constitution or bylaws or other 
document but may be inferred from actual practices or conduct. On the 
other hand, a person is not an officer merely because he performs 
ministerial acts for a designated officer who alone has responsibility. 
The normal functions performed by business agents and shop stewards, 
such as soliciting memberships, presenting or negotiating employee 
grievances within the work place, and negotiating contracts are not 
``other executive functions'' as that phrase is used in section 3(n) of 
the Act. However, a directing business representative or a business 
manager usually exercises such a degree of executive authority as to be 
considered an officer and, therefore, must be elected. The duties 
normally pertaining to membership on a bargaining committee do not come 
within the phrase ``other executive functions.'' However, persons 
occupying such non-executive positions may be ``officers'' if they are 
ex officio members of the organization's executive board (or similar 
governing body) or if the constitution or bylaws of the union designate 
such positions as officers.