LMRDA Disability Elements of Proof
In order to establish a violation of 29 U.S.C. § 504 for
disqualifying crimes committed on or after October 12, 1984, the
government must allege and prove the following essential elements:|
- The jurisdictional entity involved is a labor organization, a
group or association of employers dealing with any labor organization,
or a corporation or association or person engaged in an industry or
activity affecting commerce as defined in the LMRDA (29 U.S.C. § 402
- The defendant is a disqualified person who serves or permits
another disqualified person to serve in any of the prohibited capacities
specified in the statute.
- The disqualified person was convicted of one of the crimes
described in the statute within the last thirteen years, or has been
released from imprisonment resulting from a disqualifying conviction
within the last thirteen years, whichever is later.
- The defendant willfully serves in a prohibited capacity or
knowingly and willfully permits a disqualified person to serve in a
Only one category of disqualifying crimes must involve a felony
"Any felony involving abuse or misuse of such person's position or
employment in a labor organization or employee benefit plan to seek or
obtain an illegal gain at the expense of the members of the labor
organization or the beneficiaries of the employee benefit plan."
The following categories of disqualifying crimes may be felonies or
- Robbery, Bribery, Extortion, Embezzlement, Grand
Larceny,Burglary, Arson, Murder, Rape;
- Violation of Narcotic Laws (confined to narcotic drugs);
- Assault with Intent to Kill;
- Assault which Inflicts Grievous Bodily Injury (includes reckless
infliction of injury);
- "Violation of Subchapter III or IV of this chapter"
- 29 U.S.C. § 439 (reporting & recordkeeping)
- 29 U.S.C. § 461 (trusteeship reporting)
- 29 U.S.C. § 463 (trusteeship crimes)
- Conspiracy or Attempt to commit any crime described in section
- A crime in which any of the crimes described in section 504 is an
element. See for example, Postma v. Teamsters Local 294,
229 F. Supp. 655 (N.D.N.Y.), aff'd, 337 F.2d 609 (2d Cir. 1964),
holding that the Hobbs Act (18 U.S.C. § 1951) was a disqualifying
crime for purposes of section 504 because the listed crime of extortion
was a necessary predicate for conviction;
- A crime whose conduct is substantially equivalent to a crime
described in section 504 will also disqualify the convicted person.
See Roofers Local 33 v. Meese, et al., 823 F.2d 652, 658
(1st Cir. 1987) (29 U.S.C. § 530 conviction based on "the type of
conduct" described as an "assault which inflicts grievous bodily
injury"); Illario v. Frawley, 426 F. Supp. 1132, 1140 (D.N.J.
1977) (obtaining money by false pretenses held "functionally identical"
to listed crime of "grand larceny"); Hodgson v. Restaurant Employees
Local 11, 355 F. Supp. 180 (S.D.N.Y. 1973) (union official's receipt
of employer payments prohibited by 29 U.S.C. § 186(a)(4) held
equivalent to the listed crime of "bribery"); Berman v. Teamsters
Local 107, 237 F. Supp. 767 (E.D.Pa. 1964) (state law conspiracy to
cheat a labor union held equivalent to "grand larceny").
- Except for the category of felonies involving abuse or misuse of
labor organization or benefit plan employment, the generic disqualifying
crimes need not be related to labor union or benefit plan operations.
See, for example, Lippi v. Thomas, 298 F. Supp.
242, 247 (M.D.Pa. 1969) (conviction of aiding and abetting
misapplication of bank funds held equivalent to the listed crime of
[cited in USAM 9-138.030]