2 FLRA No. 1

AMERICAN FEDERATION OF

GOVERNMENT EMPLOYEES, AFL-CIO,

LOCAL 2823

(Union)

and

VETERANS ADMINISTRATION

REGIONAL OFFICE, CLEVELAND,

OHIO

(Activity)

Case No. 0-NG-8

DECISION ON NEGOTIABILITY ISSUE

UNION PROPOSAL

BASED ON THE RECORD IN THE CASE, THE UNDERLINED PORTION OF THE

STATEMENT WHICH FOLLOWS REFLECTS THE MUTUAL UNDERSTANDING OF THE PARTIES

WITH RESPECT TO THE MATTER IN DISPUTE: THE UNION PRESIDENT OR HER/HIS

DESIGNEE WILL BE GRANTED TWO HOURS EACH DAY, NOT CHARGED TO LEAVE FOR

PREPARATION OF FINANCIAL AND OTHER REPORTS AS REQUIRED UNDER SECTION

7120(C) OF THE STATUTE AND TO CARRY OUT THE PROVISIONS OF THIS

AGREEMENT.

QUESTION HERE BEFORE THE AUTHORITY

THE QUESTION IS WHETHER THE UNION'S PROPOSAL PROVIDING FOR OFFICIAL

TIME TO PREPARE THE REPORTS REQUIRED UNDER SECTION 7120 OF THE FEDERAL

SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE) /1/ VIOLATES

SECTION 7131 OF THE STATUTE, AS ALLEGED BY THE AGENCY. /2/

OPINION

CONCLUSION: THE SUBJECT PROPOSAL DOES NOT VIOLATE SECTION 7131 OF

THE STATUTE. ACCORDINGLY, PURSUANT TO SECTION 2424.8 OF THE AUTHORITY'S

RULES AND REGULATIONS (44 FED.REG. 44740 ET SEQ. (1979)), THE AGENCY'S

ALLEGATION THAT THE DISPUTED PROPOSAL IS NOT WITHIN THE DUTY TO BARGAIN

IS SET ASIDE. /3/

REASONS: SECTION 7131(B) OF THE STATUTE REQUIRES THAT ACTIVITIES

RELATING TO THE INTERNAL BUSINESS OF A LABOR ORGANIZATION BE PERFORMED

BY AN EMPLOYEE WHILE THAT EMPLOYEE IS IN A NON-DUTY STATUS, I.E., NOT ON

DUTY TIME. THEREFORE, THE UNION'S PROPOSAL, WHICH PROVIDES THAT THE

UNION PRESIDENT ON HER/HIS DESIGNEE BE GRANTED TIME EACH DAY NOT CHARGED

TO LEAVE, I.E., DUTY TIME, FOR PREPARATION OF THE FINANCIAL AND OTHER

REPORTS REQUIRED UNDER SECTION 7120(C) OF THE STATUTE, RAISES THE ISSUE

AS TO WHETHER THE PREPARATION OF SUCH REPORTS CONSTITUTES AN ACTIVITY

RELATING TO THE INTERNAL BUSINESS OF A LABOR ORGANIZATION, WITHIN THE

MEANING OF SECTION 7131(B), WHICH MUST BE PERFORMED DURING THE TIME THE

EMPLOYEE INVOLVED IS IN A NON-DUTY STATUS.

THE STATUTE DOES NOT EXPRESSLY DEFINE THE PHRASE "INTERNAL BUSINESS

OF A LABOR ORGANIZATION." SECTION 7131(B) MERELY LISTS EXAMPLES OF SOME

ACTIVITIES WHICH ARE RELATED TO THE "INTERNAL BUSINESS OF A LABOR

ORGANIZATION." I.E., SOLICITATION OF MEMBERSHIP, ELECTION OF LABOR

ORGANIZATION OFFICIALS, AND COLLECTION OF DUES. NONE OF THESE SPECIFIC

EXAMPLES HAVE ANY RELATIONSHIP TO THE PREPARATION OF THE STATUTORILY

PRESCRIBED REPORTS WHICH ARE THE SUBJECT OF THE DISPUTED PROPOSAL.

THE PROVISION REGARDING OFFICIAL TIME IN THE VERSION OF THE BILL

REPORTED OUT OF THE SENATE-HOUSE CONFERENCE COMMITTEE, WHICH WAS

ENACTED

AND SIGNED INTO LAW (SEC. 7131), WAS IDENTICAL TO THAT IN THE BILL

(H.R. 11280) REPORTED OUT OF THE HOUSE COMMITTEE (SEC. 7132) /4/ AND IN

THE FINAL VERSION OF THE BILL PASSED BY THE HOUSE (THE "UDALL

SUBSTITUTE"). /5/ THE REPORT WHICH ACCOMPANIED THE HOUSE COMMITTEE BILL

INDICATED THAT SUBSECTION (B) OF THE PROVISION ON OFFICIAL TIME WAS

INTENDED TO REQUIRE THAT MATTERS SOLELY RELATING TO THE INTERNAL

BUSINESS OF A LABOR ORGANIZATION BE PERFORMED WHEN AN EMPLOYEE IS IN A

NON-DUTY STATUS. /6/

PROPONENTS OF THE FINAL VERSION OF THE HOUSE BILL, IN STATEMENTS ON

THE HOUSE FLOOR, INDICATED THAT SUBSECTION (B) WAS INTENDED TO BE

STRICTLY CONSTRUED TO APPLY ONLY TO THOSE ACTIVITIES REGARDING THE

"STRUCTURE AND INSTITUTION" OF THE LABOR ORGANIZATION. /7/ THE

SENATE-HOUSE CONFERENCE REPORT DID NOT ADDRESS THE MATTER OF OFFICIAL

TIME OR SPECIFICALLY, THE INTENDED APPLICATION OF SECTION 7131(B) /8/

THE ISSUE BEFORE THE AUTHORITY IN THIS CASE, THEREFORE, MORE

PRECISELY STATED, IS WHETHER THE PREPARATION OF THE FINANCIAL AND OTHER

REPORTS REQUIRED UNDER SECTION 7120(C) OF THE STATUTE IS AN ACTIVITY

RELATED TO THE INTERNAL BUSINESS OF A LABOR ORGANIZATION BECAUSE IT IS

SOLELY RELATED TO THE STRUCTURE AND INSTITUTION OF SUCH LABOR

ORGANIZATION. THAT IS, IN ACCORDANCE WITH THE MEANING OF SECTION

7131(B) OF THE STATUTE AS REFLECTED IN THE LEGISLATIVE HISTORY OF THAT

PROVISION, IF THE FILING OF FINANCIAL AND OTHER REPORTS UNDER SECTION

7120(C) IS NOT SOLELY RELATED TO THE INSTITUTIONAL STRUCTURE OF THE

LABOR ORGANIZATION, IT MUST BE FOUND, LIKEWISE, NOT TO BE A MATTER

RELATED TO INTERNAL UNION BUSINESS. IN THIS REGARD, CONGRESS INTENDED

TO PROSCRIBE THE USE OF DUTY TIME FOR ONLY THOSE ACTIVITIES RELATING TO

THE UNION AS AN ORGANIZATION AND PERTAINING TO THE OPERATION OF THAT

ORGANIZATION, SUCH AS UNION BUSINESS MEETINGS, COMMUNICATION WITH

MEMBERS, CONTRACTING FOR GOODS AND SERVICES, PAYMENT OF BILLS, AND OTHER

SIMILAR AND ASSOCIATED ACTIVITIES. THUS, IT IS CLEAR THAT THE

ACTIVITIES CITED IN THE STATUTE, I.E., SOLICITATION OF MEMBERSHIP,

COLLECTION OF DUES, AND ELECTION OF UNION OFFICIALS, WERE INCLUDED AS

EXAMPLES BECAUSE THE ONLY FUNCTION OF SUCH ACTIVITIES IS THE MAINTENANCE

OF THE UNION AS AN ORGANIZATION, I.E., THEY ARE RELATED SOLELY TO THE

INSTITUTIONAL STRUCTURE OF THE UNION.

IN CONTRAST, THE REPORTS WHICH ARE THE SUBJECT OF THE DISPUTED

PROPOSAL DO NOT SOLELY RELATE TO THE STRUCTURE AND INSTITUTION OF THE

LABOR ORGANIZATION. RATHER, THE PREPARATION OF THESE REPORTS IS A

REQUIREMENT IMPOSED UPON LABOR ORGANIZATIONS BY THE STATUTE AND THEREBY

MAKES AVAILABLE TO THE PUBLIC INFORMATION REGARDING THE CONDUCT OF UNION

AFFAIRS. /9/ IN THIS REGARD, SECTION 7120(C) OF THE STATUTE AND PART

204 OF THE REGULATIONS OF THE ASSISTANT SECRETARY OF LABOR /10/ REQUIRE

THAT EVERY LABOR ORGANIZATION TO WHICH THOSE PROVISIONS APPLY MUST FILE

WITH THE DEPARTMENT OF LABOR CERTAIN INFORMATION REPORTS, /11/ FINANCIAL

REPORTS, /12/ AND TRUSTEESHIP REPORTS. /13/ THE INITIAL INFORMATION

REPORT (FORM LM-1) REQUIRES, AMONG OTHER THINGS, A LIST OF THE PRESENT

OFFICERS OF THE LABOR ORGANIZATION, COPIES OF THE ORGANIZATION'S

CONSTITUTION AND BY-LAWS, A STATEMENT REGARDING THE DUES AND FEES

REQUIRED OF MEMBERS, AN ESTIMATE OF EXPECTED ANNUAL RECEIPTS, AND A

STATEMENT OF THE LABOR ORGANIZATION'S FISCAL YEAR. ANY CHANGES IN THE

INFORMATION CONTAINED IN THIS INITIAL REPORT MUST BE FILED IN ANNUAL

SUPPLEMENTARY REPORTS (FORM LM-1A). THE ANNUAL FINANCIAL REPORT (FORM

LM-2 OR FORM LM-3) REQUIRES DETAILED INFORMATION REGARDING THE ASSETS

AND LIABILITIES OF THE LABOR ORGANIZATION, INCLUDING STATEMENTS AS TO

AMOUNTS AND SOURCES OF RECEIPTS AND AMOUNTS AND RECIPIENTS OF

DISBURSEMENTS. THE CONTENT OF THESE REPORTS WILL BE MADE AVAILABLE TO

ANY PERSON COMPLYING WITH THE CONDITIONS ESTABLISHED BY DEPARTMENT OF

LABOR REGULATIONS. /14/

AS THIS BRIEF DESCRIPTION OF THE REQUIRED REPORTS, AND OF THEIR

INTENDED PURPOSE, MAKES CLEAR, THEY FUNCTION AS AN EXTERNALLY IMPOSED

DISCLOSURE MECHANISM OPENING TO VIEW FACETS OF THE OPERATIONS OF THE

LABOR ORGANIZATION, AS A MEANS OF IMPLEMENTING THE POLICY OF THE

STATUTE. IT MUST BE CONCLUDED, THEREFORE, THAT THE PREPARATION OF THE

REPORTS IS NOT SOLELY RELATED TO THE INSTITUTIONAL STRUCTURE OF A LABOR

ORGANIZATION AND, THUS, IS NOT AN ACTIVITY RELATED TO THE INTERNAL

BUSINESS OF A LABOR ORGANIZATION WITHIN THE MEANING OF SECTION 7131(B)

OF THE STATUTE. /15/

ACCORDINGLY, SECTION 7131(B) WOULD NOT BAR NEGOTIATIONS ON THE

PROPOSAL AT ISSUE AND THE AGENCY ALLEGATION THAT THE PROPOSAL IS NOT

WITHIN THE DUTY TO BARGAIN MUST BE SET ASIDE.

ISSUED, WASHINGTON, D.C., OCTOBER 9, 1979

RONALD W. HAUGHTON, CHAIRMAN

HENRY B. FRAZIER III, MEMBER

FEDERAL LABOR RELATIONS AUTHORITY /16/

/1/ THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, SEC.

7120 (92 STAT. 1210) PROVIDES, IN RELEVANT PART, AS FOLLOWS:

SEC. 7120. STANDARDS OF CONDUCT FOR LABOR ORGANIZATIONS

. . . .

(C) A LABOR ORGANIZATION WHICH HAS OR SEEKS RECOGNITION AS A

REPRESENTATIVE OF EMPLOYEES

UNDER THIS CHAPTER SHALL FILE FINANCIAL AND OTHER REPORTS WITH THE

ASSISTANT SECRETARY OF

LABOR FOR LABOR MANAGEMENT RELATIONS, PROVIDE FOR BONDING OF

OFFICIALS AND EMPLOYEES OF THE

ORGANIZATION, AND COMPLY WITH TRUSTEESHIP AND ELECTION STANDARDS.

/2/ SECTION 7131 OF THE STATUTE PROVIDES, IN PART, AS FOLLOWS:

SEC. 7131. OFFICIAL TIME

. . . .

(B) ANY ACTIVITIES PERFORMED BY ANY EMPLOYEE RELATING TO THE INTERNAL

BUSINESS OF A LABOR

ORGANIZATION (INCLUDING THE SOLICITATION OF MEMBERSHIP, ELECTIONS OF

LABOR ORGANIZATION

OFFICIALS, AND COLLECTION OF DUES) SHALL BE PERFORMED DURING THE TIME

THE EMPLOYEE IS IN A

NON-DUTY STATUS.

. . . .

(D) EXCEPT AS PROVIDED IN THE PRECEDING SUBSECTIONS OF THIS SECTION--

(1) ANY EMPLOYEE REPRESENTING AN EXCLUSIVE REPRESENTATIVE, OR

(2) IN CONNECTION WITH ANY OTHER MATTER COVERED BY THIS CHAPTER, ANY

EMPLOYEE IN AN

APPROPRIATE UNIT REPRESENTED BY AN EXCLUSIVE REPRESENTATIVE, SHALL BE

GRANTED OFFICIAL TIME IN

ANY AMOUNT THE AGENCY AND THE EXCLUSIVE REPRESENTATIVE INVOLVED AGREE

TO BE REASONABLE,

NECESSARY, AND IN THE PUBLIC INTEREST.

/3/ IN SO DECIDING THAT THE SUBJECT PROPOSAL IS WITHIN THE DUTY TO

BARGAIN, THE AUTHORITY MAKES NO JUDGMENT AS TO THE MERITS OF THE

PROPOSAL.

/4/ H.R. 11280, 95TH CONG.,2D SESS. 7132(1978). SEE H.R. REP. NO.

95-1403, 95TH CONG.,2D SESS. 288=289(1978).

/5/ SEE 124 CONG.REC.H 9631 (DAILY ED. SEPT. 13, 1978).

/6/ THE COMMITTEE REPORT STATED, IN RELEVANT PART, AS FOLLOWS:

SECTION 7132 PROVIDES STANDARDS FOR DETERMINING WHEN AN INDIVIDUAL

MAY OR MAY NOT BE

AUTHORIZED OFFICIAL TIME (PAID TIME) TO ENGAGE IN ACTIVITIES

CONCERNING LABOR-MANAGEMENT

RELATIONS.

. . . .

SECTION 7132(B) PROVIDES THAT MATTERS SOLELY RELATING TO THE INTERNAL

BUSINESS OF A LABOR

ORGANIZATION MUST BE PERFORMED WHEN THE SUBJECT EMPLOYEE IS IN A

NON-DUTY STATUS.

. . . .

SECTION 7132(D) MAKES ALL OTHER MATTERS CONCERNING OFFICIAL TIME FOR

UNIT EMPLOYEES ENGAGED

IN LABOR-MANAGEMENT RELATIONS ACTIVITY SUBJECT TO NEGOTIATION BETWEEN

THE AGENCY AND THE

EXCLUSIVELY RECOGNIZED LABOR ORGANIZATION INVOLVED.

H.R. REP. NO. 95-1403, 95TH CONG.,2D SESS. 58-59(1978).

/7/ THE FOLLOWING STATEMENTS CONCERNING THE OFFICIAL TIME PROVISION

IN THE FINAL VERSION OF THE HOUSE BILL WERE MADE DURING THE FLOOR DEBATE

ON TITLE VII OF THAT BILL:

MR. CLAY.

. . . .

SECTION 7132(B) OF THE UDALL COMPROMISE BARS THE USE OF OFFICIAL TIME

FOR CONDUCTING THE

INTERNAL BUSINESS OF A LABOR ORGANIZATION. THE SECTION ALSO LISTS

THREE SUCH ACTIVITIES

REFLECTING OUR INTENTION THAT "INTERNAL BUSINESS" BE STRICTLY

CONSTRUED TO APPLY ONLY TO THOSE

ACTIVITIES REGARDING THE STRUCTURE AND INSTITUTION OF THE LABOR

ORGANIZATION. ACTIVITIES THAT

INVOLVE LABOR-MANAGEMENT CONTACTS ARE NOT INCLUDED IN THIS SECTION.

NOR IS PREPARATION FOR

SUCH ACTIVITIES, SUCH AS GRIEVANCES, BARGAINING, UNFAIR LABOR

PRACTICE PROCEEDINGS, INCLUDED

WITHIN THIS SECTION. TITLE VII IMPOSES HEAVY RESPONSIBILITIES ON

LABOR ORGANIZATIONS AND ON

AGENCY MANAGEMENT. THESE ORGANIZATIONS SHOULD BE ALLOWED OFFICIAL

TIME TO CARRY OUT THEIR

STATUTORY REPRESENTATIONAL ACTIVITIES JUST AS MANAGEMENT USES

OFFICIAL TIME TO CARRY OUT ITS RESPONSIBILITIES.

124 CONG.REC.H 9638 (DAILY ED. SEPT. 13, 1978)

MR. FORD OF MICHIGAN.

. . . .

SECTION 7132(B) OF THE COMPROMISE PRECLUDES THE USE OF OFFICIAL TIME

BY EMPLOYEES FOR

CONDUCTING THE INTERNAL BUSINESS OF A LABOR ORGANIZATION. THIS

SUBSECTION SPECIFICALLY

PROVIDES THAT EMPLOYEES SHALL NOT SOLICIT MEMBERSHIP, ENGAGE IN

ELECTIONEERING, OR COLLECT

DUES ON OFFICIAL TIME. THE INCLUSION OF THESE THREE CATEGORIES

REFLECTS THE GENERAL INTENTION

THAT "THE INTERNAL BUSINESS OF A LABOR ORGANIZATION" ENCOMPASSES

THOSE ACTIVITIES DIRECTED TO

THE INSTITUTIONAL STRUCTURE OF SUCH ORGANIZATIONS. THIS SECTION DOES

NOT, THEREFORE, APPLY TO

ACTIVITIES OF LABOR ORGANIZATIONS THAT INVOLVE AN "INTERFACE" WITH

AGENCY MANAGEMENT, SUCH AS

NEGOTIATIONS, GRIEVANCES, NEGOTIABILITY DISPUTES, AND UNFAIR LABOR

PRACTICES. NOR DOES THIS

SECTION APPLY TO PREPARATION FOR SUCH "INTERFACE" ACTIVITIES.

MANAGEMENT, OF COURSE, ENGAGES

IN ALL THESE ACTIVITIES, INCLUDING PREPARATION, ON OFFICIAL TIME, AND

SUBSECTION 7132(D)(2)

MAKES THE USE OF OFFICIAL TIME BY EMPLOYEES FOR THESE ACTIVITIES A

SUBJECT OF NEGOTIATED

AGREEMENT BETWEEN THE AGENCY AND THE EXCLUSIVE REPRESENTATIVE.

124 CONG.REC.H. 9650 (DAILY ED. SEPT. 13, 1978). SEE ALSO STATEMENT

OF CONGRESSMAN FORD OF MICHIGAN SUBSEQUENT TO ENACTMENT OF CIVIL SERVICE

REFORM ACT OF 1978, 124 CONG.REC.H 13610 (DAILY ED. OCT. 14, 1978).

/8/ THUS, IN ENACTING THE LANGUAGE OF THE BILL AS PASSED BY THE HOUSE

(THE "UDALL SUBSTITUTE"), WITH ITS ATTENDANT LEGISLATIVE HISTORY, AS

QUOTED ABOVE, THE CONGRESS DID NOT ADOPT THE CORRESPONDING PROVISION IN

THE SENATE BILL, WHICH THE ACCOMPANYING SENATE COMMITTEE REPORT

DESCRIBED, IN PART, AS FOLLOWS:

THE LIMITATIONS CONTAINED IN THE FIRST PART OF THIS PROVISION CONCERN

THE USE OF OFFICIAL

TIME FOR INTERNAL LABOR ORGANIZATION BUSINESS AND ARE DIRECTED TOWARD

RESTRICTING TO NON-DUTY

HOURS ACTIVITIES WHICH ARE OF PRIMARY CONCERN AND BENEFIT ONLY TO THE

LABOR ORGANIZATION.

S. REP. NO. 95-969, 95TH CONG.,2D SESS. 112-113(1978).

/9/ SECTION 7120(A)-(D) OF THE STATUTE WAS ADOPTED FROM THE SENATE

BILL (SEC. 7217). THE SENATE COMMITTEE REPORT WHICH ACCOMPANIED THE

BILL INDICATED THAT THESE PROVISIONS WERE THE SAME AS THOSE CONTAINED IN

EXECUTIVE ORDER 11491, AS AMENDED. S. REP. NO. 95-969, 95TH CONG.,2ND

SESS. 107-108(1978). THE PRESIDENTIAL STUDY COMMITTEE REPORT AND

RECOMMENDATIONS ACCOMPANYING EXECUTIVE ORDER 11491 STATED WITH RESPECT

TO THESE PROVISIONS, IN PART, AS FOLLOWS:

THE 1961 TASK FORCE . . . SUGGESTED THE EXTENSION TO PUBLIC EMPLOYEE

ORGANIZATIONS OF

STANDARDS OF CONDUCT ESTABLISHED FOR TRADE UNIONS IN THE PRIVATE

SECTOR, SUCH AS REPORTING AND

DISCLOSURE OF FINANCIAL TRANSACTIONS AND ADMINISTRATIVE PRACTICES.

ACCORDINGLY, THE STANDARDS

OF CONDUCT FOR EMPLOYEE ORGANIZATIONS WERE DEVELOPED AND ISSUED IN

1963.

. . . .

TO BRING UNIFORMITY OF TREATMENT TO ALL LABOR ORGANIZATIONS

REPRESENTING FEDERAL EMPLOYEES,

WE RECOMMEND THAT THE ASSISTANT SECRETARY OF LABOR FOR

LABOR-MANAGEMENT RELATIONS ADD TO THE

PRESENT STANDARDS OF CONDUCT BY PROMULGATING RULES AND REGULATIONS

FOR THE REPORTING AND

DISCLOSURE OF FINANCIAL TRANSACTIONS AND ADMINISTRATIVE PRACTICES,

BONDING REQUIREMENTS, AND

STANDARDS FOR TRUSTEESHIPS AND ELECTIONS FOR LABOR ORGANIZATIONS

HAVING RECOGNITION UNDER THE

NEW ORDER.

"STUDY COMMITTEE REPORT AND RECOMMENDATIONS, AUGUST 1969,"

LABOR-MANAGEMENT RELATIONS IN THE FEDERAL SERVICE (1975) 74.

/10/ 29 C.F.R. PART 204(1978). SEE, IN PARTICULAR, 29 C.F.R. 204.3

WHICH SPECIFIES THE REPORTING PROVISIONS OF THE REGULATIONS OF THE

DEPARTMENT OF LABOR IMPLEMENTING THE LABOR-MANAGEMENT REPORTING AND

DISCLOSURE ACT (LMRDA) THAT APPLY TO LABOR ORGANIZATIONS IN THE FEDERAL

GOVERNMENT. AS TO THE APPLICABILITY TO REGULATIONS ISSUED UNDER THE

STATUTE OF THE PRINCIPLES APPLIED TO LABOR ORGANIZATIONS UNDER THE

LMRDA, SEE SECTION 7120(D) OF THE STATUTE. FOR PROPOSED REGULATIONS OF

THE ASSISTANT SECRETARY OF LABOR FOR LABOR-MANAGEMENT RELATIONS

GOVERNING STANDARDS OF CONDUCT FOR LABOR ORGANIZATIONS IN THE FEDERAL

SECTOR UNDER THE STATUTE, SEE 44 FED.REG. 60668 (AUG. 28, 1979).

/11/ SEE 29 C.F.R. 402(1978). SEE ALSO 29 U.S.C. 431(A)(1978).

/12/ SEE 29 C.F.R. 403(1978). SEE ALSO 29 U.S.C. 431(B)(1978).

/13/ SEE 29 C.F.R. 408(1978). SEE ALSO 29 U.S.C. 461(1978).

/14/ 29 C.F.R. 402.12, 403.10, 408.12. SEE 29 C.F.R. PART 70. SEE

ALSO 29 U.S.C. 435(1978).

/15/ THE AGENCY CONTENDS THAT, SINCE THE STATUTE WHICH REQUIRES THE

PREPARATION OF THE REPORTS IN QUESTION ALSO PROVIDES FOR THE PERIODIC

ELECTION OF LABOR ORGANIZATION OFFICIALS, AN ACTIVITY WHICH SECTION

7131(B) INCLUDES AMONG THOSE TO BE PERFORMED WHEN AN EMPLOYEE IS IN A

NON-DUTY STATUS, THE PREPARATION OF THE SUBJECT REPORTS LIKEWISE MUST BE

PERFORMED WHEN AN EMPLOYEE IS IN A NON-DUTY STATUS. THERE ARE

SIGNIFICANT DISTINCTIONS, HOWEVER, BETWEEN THE ELECTION OF UNION

OFFICIALS AND THE PREPARATION OF THE PARTICULAR REPORTS. AS INDICATED

ABOVE, THE ONLY FUNCTION OF THE ELECTION OF UNION OFFICIALS IS

ORGANIZATIONAL; ITS SOLE FUNCTION IS THE MAINTENANCE OF THE

INSTITUTIONAL STRUCTURE OF THE UNION. THIS CANNOT BE SAID OF THE

PREPARATION OF THE REQUIRED REPORTS. THEY HAVE NO FUNCTION RELATED TO

THE MAINTENANCE OF THE UNION AS AN ORGANIZATION. RATHER, THEIR PURPOSE,

AS STATED ABOVE, IS TO OPEN UP TO PUBLIC SCRUTINY THE MANNER IN WHICH

THE BUSINESS OF THE UNION HAS BEEN TRANSACTED.

/16/ MEMBER LEON B. APPLEWHAITE DID NOT PARTICIPATE IN THE PRESENT

CASE, WHICH HAD BEEN PROCESSED PRIOR TO HIS CONFIRMATION BY THE UNITED

STATES SENATE AS A MEMBER OF THE AUTHORITY.