☰ Revisor of Missouri


Chapter 105

< > Effective - 28 Aug 2018(all or part is unconstitutional)   bottom

  *105.533.  Constitution and bylaws, requirements — financial report, contents — definitions. — 1.  Every labor organization shall adopt a constitution and bylaws and shall file a copy thereof with the department, together with a report, signed by its president and secretary or corresponding principal officers, containing the following information:

  (1)  The name of the labor organization, its mailing address, and any other address at which it maintains its principal office or at which it keeps the records referred to in sections 105.533 to 105.555;

  (2)  The name and title of each of its officers;

  (3)  The initiation fee or fees required from a new or transferred member and fees for work permits required by the reporting labor organization;

  (4)  The regular dues or fees or other periodic payments required to remain a member of the labor organization, as well as agency fees or any other fees required for nonmembers, if any; and

  (5)  Detailed statements, or references to specific provisions of documents filed under this subsection that contain such statements, showing the provisions made and procedures followed with respect to each of the following:

  (a)  Qualifications for or restrictions on membership;

  (b)  Levying of assessments;

  (c)  Participation in insurance or other benefit plans;

  (d)  Authorization for disbursement of funds of the labor organization;

  (e)  Audits of financial transactions of the labor organization;

  (f)  The calling of regular and special meetings;

  (g)  The selection of officers and stewards and of any representatives to other bodies composed of the labor organization's representatives, with a specific statement of the manner in which each officer was elected, appointed, or otherwise selected;

  (h)  Discipline or removal of officers or agents for their breaches of trust;

  (i)  Imposition of fines, suspensions, and expulsions of members, including the grounds for such actions and any provision made for notice, hearing, judgment on the evidence, and appeal procedures;

  (j)  Authorization for bargaining demands;

  (k)  Ratification of contract terms; and

  (l)  Issuance of work permits.



Any change in the information required by this subsection shall be reported to the department at the time the reporting labor organization files with the department the annual financial report required by subsection 2 of this section.

  2.  Every labor organization shall file annually with the department a financial report signed by its president and treasurer or corresponding principal officers containing the following information in such detail as may be necessary to accurately disclose its financial condition and operations for its preceding fiscal year:

  (1)  All assets and liabilities at the beginning and end of the fiscal year;

  (2)  Receipts of any kind and the sources thereof;

  (3)  Salaries, allowances, and other direct or indirect disbursements, including reimbursed expenses, to each officer and employee who, during such fiscal year, received more than ten thousand dollars in the aggregate from such labor organization or any affiliated labor organization;

  (4)  All direct and indirect loans made to any officer, employee, or member that aggregated more than two hundred fifty dollars during the fiscal year, together with a statement of the purpose, security, if any, and arrangements for repayment;

  (5)  All direct and indirect loans made to any business enterprise, together with a statement of the purpose, security, if any, and arrangements for repayment;

  (6)  An itemization schedule that discloses the purpose, date, total amount, and type or classification of each disbursement made by the labor organization for the following services and activities, along with the name and address of the entity receiving the expenditure:

  (a)  Contract negotiation and administration;

  (b)  Organizing activities;

  (c)  Litigation;

  (d)  Public relations activities;

  (e)  Political activities;

  (f)  Activities attempting to influence the passage or defeat of federal, state, or local legislation or the content or enforcement of federal, state, or local regulations or policies;

  (g)  Voter education and issue advocacy activities;

  (h)  Training activities for each officer of the local bargaining representative or labor organization support staff;

  (i)  Conference, convention, and travel activities engaged in by the labor organization; and

  (j)  Labor organization administration;

  (7)  The percentage of the labor organization's total expenditures that were spent for each of the activities described in paragraphs (a) to (j) of subdivision (6) of this subsection;

  (8)  The names, addresses, and activities of any law firms, public relations firms, or lobbyists whose services are used by the labor organization for any activity described in paragraphs (a) to (j) of subdivision (6) of this subsection;

  (9)  A list of candidates, continuing committees, federal political action committees, nonprofit organizations, and community organizations to which the labor organization contributed financial or in-kind assistance and the dollar amount of such assistance;

  (10)  The names and addresses of any continuing committees or federal political action committees with which the labor organization is affiliated or to which it provides contributions, the total amount of contributions to such committees, the candidates or causes to which such committees provided any financial assistance, and the amount provided to each such candidate or cause; and

  (11)  Other disbursements made, including the purposes thereof, all in such categories as the department may prescribe.

  3.  Every labor organization shall submit the report required by subsection 2 of this section in an electronic format that is readily and easily accessible and shall make available the information required to be contained in such report to all of its members.  Every such labor organization and its officers shall be under a duty enforceable at the suit of any member of such organization in the county where the violation occurred to permit such members for just cause to examine any books, records, and accounts necessary to verify such report.  The court in such action may, in its discretion, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and a reasonable attorney's fee to be paid by the defendant.

  4.  The department shall make each report filed under this section publicly available, online, in an electronic format.

  5.  For purposes of this section, the terms "candidate", "continuing committee", and "contribution" shall have the same meanings as in section 130.011, and the term "lobbyist" shall have the same meaning as in section 105.470.


(L. 2018 H.B. 1413)

*Revisor's Note:  On June 1, 2021, this section was declared unconstitutional in Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).

(2021)  House Bill 1413 enacting section in 2018 held invalid as violation of equal protection clause of Article I, Section 2 of state constitution; section as enacted could not be severed from rest of bill.  Missouri National Education Association v. Missouri Department of Labor and Industrial Relations, 623 S.W.2d 585 (Mo.banc).

---- end of effective  28 Aug 2018 ----

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