---
kind: "section"
citation: "22 U.S.C. § 4117"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "4117"
heading: "Standards of conduct for labor organizations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/4117"
units:
  - "Chapter 52 — Foreign Service"
  - "Subchapter X — Labor-Management Relations"
---

# §4117. Standards of conduct for labor organizations

- (a) **Freedom from corrupt influences and influences opposed to basic democratic principles—** The [Department](/usc/22/3902.md?p=4) shall accord recognition only to a [labor organization](/usc/22/4102.md?p=11) that is free from corrupt influences and influences opposed to basic democratic principles. Except as provided in [subsection (b)](#b), an organization is not required to prove that it is free from such influences if it is subject to a governing requirement adopted by the organization or by a national or international [labor organization](/usc/22/4102.md?p=11) or federation of [labor organizations](/usc/22/4102.md?p=11) with which it is affiliated, or in which it participates, containing explicit and detailed provisions to which it subscribes calling for—
  - (1) the maintenance of democratic procedures and practices, including—
    - (A) provisions for periodic elections to be conducted subject to recognized safeguards, and
    - (B) provisions defining and securing the right of individual members to participate in the affairs of the organization, to receive fair and equal treatment under the governing rules of the organization, and to receive fair process in disciplinary proceedings;
  - (2) the exclusion from office in the organization of [persons](/usc/22/4102.md?p=14) affiliated with Communist or other totalitarian movements and [persons](/usc/22/4102.md?p=14) identified with corrupt influences;
  - (3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members; and
  - (4) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provisions for accounting and financial controls and regular financial reports or summaries to be made available to members.
- (b) **Furnishing of information—** A [labor organization](/usc/22/4102.md?p=11) may be required to furnish evidence of its freedom from corrupt influences opposed to basic democratic principles if there is reasonable cause to believe that—
  - (1) the organization has been suspended or expelled from, or is subject to other sanction by, a parent [labor organization](/usc/22/4102.md?p=11), or federation of organizations with which it has been affiliated, because it has demonstrated an unwillingness or inability to comply with governing requirements comparable in purpose to those required by [subsection (a)](#a); or
  - (2) the organization is in fact subject to influences that would preclude recognition under this subchapter.
- (c) **Reports; bonding of officials and other employees; compliance with trusteeship and election standards—** A [labor organization](/usc/22/4102.md?p=11) which has or seeks recognition as a representative of [employees](/usc/22/4102.md?p=8) under this subchapter shall file financial and other reports with the Assistant [Secretary](/usc/22/3902.md?p=10) of Labor for Labor Management Relations, provide for bonding of officials and others employed by the organization, and comply with trusteeship and election standards.
- (d) **Regulations; filing of complaints; cease and desist orders—** The Assistant [Secretary](/usc/22/3902.md?p=10) of Labor shall prescribe such regulations as are necessary to carry out this section. Such regulations shall conform generally to the principles applied to [labor organizations](/usc/22/4102.md?p=11) in the private sector. Complaints of violations of this section shall be filed with the Assistant [Secretary](/usc/22/3902.md?p=10). In any matter arising under this section, the Assistant [Secretary](/usc/22/3902.md?p=10) may require a [labor organization](/usc/22/4102.md?p=11) to cease and desist from violations of this section and require it to take such actions as the Assistant [Secretary](/usc/22/3902.md?p=10) considers appropriate to carry out the policies of this section.
- (e) **Participation in labor organizations restricted—**
  - (1) Notwithstanding any other provision of this subchapter—
    - (A) participation in the management of a [labor organization](/usc/22/4102.md?p=11) for purposes of [collective bargaining](/usc/22/4102.md?p=3) or acting as a representative of a [labor organization](/usc/22/4102.md?p=11) for such purposes is prohibited under this subchapter—
      - (i) on the part of any [management official](/usc/22/4102.md?p=12) or [confidential employee](/usc/22/4102.md?p=6);
      - (ii) on the part of any individual who has served as a [management official](/usc/22/4102.md?p=12) or [confidential employee](/usc/22/4102.md?p=6) during the preceding two years; or
      - (iii) on the part of any other [employee](/usc/22/4102.md?p=8) if the participation or activity would result in a conflict of interest or apparent conflict of interest or would otherwise be incompatible with law or with the official [functions](/usc/22/3902.md?p=6) of such [employee](/usc/22/4102.md?p=8); and
    - (B) service as a [management official](/usc/22/4102.md?p=12) or [confidential employee](/usc/22/4102.md?p=6) is prohibited on the part of any individual having participated in the management of a [labor organization](/usc/22/4102.md?p=11) for purposes of [collective bargaining](/usc/22/4102.md?p=3) or having acted as a representative of a [labor organization](/usc/22/4102.md?p=11) during the preceding two years.
  - (2) For the purposes of [paragraph (1)(A)(ii)](#e-1-A-ii) and [paragraph (1)(B)](#e-1-B), the term “[management official](/usc/22/4102.md?p=12)” does not include—
    - (A) any [chief of mission](/usc/22/3902.md?p=3);
    - (B) any [principal officer](/usc/22/3902.md?p=9) or deputy [principal officer](/usc/22/3902.md?p=9);
    - (C) any administrative or personnel officer [abroad](/usc/22/3902.md?p=1); or
    - (D) any individual described in [section 4102(12)(B)](/usc/22/4102.md?p=12-B), (C), or (D) of this title who is not involved in the administration of this subchapter or in the formulation of the personnel policies and programs of the [Department](/usc/22/3902.md?p=4).
- (f) **Willful and intentional violations—** If the [Board](/usc/22/4102.md?p=2) finds that any [labor organization](/usc/22/4102.md?p=11) has willfully and intentionally violated [section 4115(b)(7) of this title](/usc/22/4115.md?p=b-7) by omission or [commission](/usc/22/277d–43.md?p=2) with regard to any strike, work stoppage, slowdown, the [Board](/usc/22/4102.md?p=2) shall—
  - (1) revoke the exclusive recognition status of the [labor organization](/usc/22/4102.md?p=11), which shall then immediately cease to be legally entitled and obligated to represent [employees](/usc/22/4102.md?p=8) in the unit; or
  - (2) take any other appropriate disciplinary action.

## Source credit

(Pub. L. 96–465, title I, § 1017, Oct. 17, 1980, 94 Stat. 2140; Pub. L. 103–236, title I, § 171, Apr. 30, 1994, 108 Stat. 411; Pub. L. 105–277, div. G, subdiv. B, title XXIII, § 2315, Oct. 21, 1998, 112 Stat. 2681–828.)

## Notes

### Editorial Notes

### Amendments

1998—Subsec. (e)(2). Pub. L. 105–277 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term ‘management official’ shall not include chiefs of mission, principal officers and their deputies, and administrative and personnel officers abroad.”

1994—Subsec. (e). Pub. L. 103–236 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “This subchapter does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a management official, a confidential employee, or any other employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such management official or such employee.”