[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: 29CFR452.20]

[Page 175-176]
 
                             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. 452.20  Nature of executive functions.

    (a) The functions that will bring a particular position with a title 
other than president, vice-president, secretary-treasurer, or executive 
board member within the definition of ``officer'' cannot be precisely 
defined. They are the functions typically performed by officers holding 
these titles in current labor union practice. Decisions in each case 
will require a practical judgment. As a general rule, a person will be 
regarded as being authorized to perform the functions of president if he 
is the chief or principal executive officer of the labor organization. 
Similarly, he will be regarded as being authorized to perform the 
functions of treasurer if he

[[Page 176]]

has principal responsibility for control and management of the 
organization's funds and fiscal operation. A member of any group, 
committee, or board which is vested with broad governing or policymaking 
authority will be regarded as a member of an ``executive board or 
similar governing body.'' The name or title that the labor organization 
assigns to the position is not controlling.
    (b) The purpose of the election requirement of the Act is to assure 
that persons in positions of control in labor organizations will be 
responsive to the desires of the members. \18\ Professional and other 
staff members of the labor organization who do not determine the 
organization's policies or carry on its executive functions and who are 
employed merely to implement policy decisions and managerial directives 
established by the governing officials of the organization are not 
officers and are not required to be elected.
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    \18\ See, for example, S. Rept. 187, 86th Cong., 1st sess., p. 7.
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