Section 723. Specific prohibited financial interests and transactions  


Latest version.
  • 1.
      Without limiting his fiduciary  obligation  provided  in  section  seven
      hundred  twenty-two,  it  shall  constitute a violation of his fiduciary
      obligation for an officer or agent of a labor organization:
        (a) To have, directly or indirectly, any  financial  interest  in  any
      business  or transaction of either an employer whose employees his labor
      organization represents or seeks to represent for purposes of collective
      bargaining, or an employer who is  in  the  same  industry  as  such  an
      employer;
        (b)  To  have,  directly  or indirectly, any financial interest in the
      business or transaction of any  person  who  sells  to,  buys  from,  or
      otherwise   deals  with  (i)  an  employer  whose  employees  his  labor
      organization represents or seeks to represent for purposes of collective
      bargaining, or (ii)  an  employer  organization  which  represents  such
      employer,  or  (iii)  an employer who is in the same industry as such an
      employer;
        (c) To have, directly or indirectly, any  financial  interest  in  the
      business  of any person who sells to, buys from, or otherwise deals with
      his labor organization;
        (d) To have, directly or indirectly, any  financial  interest  in  any
      transaction  with  his  labor  organization  for the purchase or sale of
      property  or  services,  except  reasonable  compensation  for  services
      rendered by him to such organization as officer or agent;
        (e)  To receive, directly or indirectly, any payments, loans, or gifts
      from (i) an employer whose employees his labor  organization  represents
      or  seeks to represent for purposes of collective bargaining, or (ii) an
      employer organization  which  represents  such  employer,  or  (iii)  an
      employer  who  is  in  the  same industry as such an employer; provided,
      however,  that  such  an  officer  or  agent  may   receive   reasonable
      compensation  for  services  rendered  by  him  as  an  employee of such
      employer, or payments required by collective agreement  to  be  made  in
      lieu  of  wages  for  time  lost  from  work while engaged in collective
      bargaining, handling of grievances, or otherwise in  the  administration
      of a collective agreement;
        (f)  To  lend  any  funds  of  the  labor  organization,  directly  or
      indirectly,  to  either  any  officer,  agent,  or  employee   of   such
      organization, or any business in which an officer, agent, or employee of
      such  organization  has,  directly  or indirectly, a financial interest;
      provided, however, that loans may be made from a  loan  fund  which  has
      been  set aside in accordance with a written resolution of the governing
      board of the labor organization  for  the  specific  purpose  of  making
      personal  loans  to  its  officers,  agents, and employees generally, in
      compliance with established, written rules; or
        (g) To lend or invest any funds of the labor organization, directly or
      indirectly, in any business of an employer  whose  employees  his  labor
      organization represents or seeks to represent for purposes of collective
      bargaining,  except  where the governing board of the labor organization
      has adopted a written resolution finding and determining that such  loan
      or  investment will promote the best interests of the employees and will
      not adversely affect collective bargaining.
        2. The fact that conduct or acts of an officer or  agent  of  a  labor
      organization  have  not caused damage to such organization or any of its
      members, or have been ratified or acquiesced in by such organization  or
      its  members,  shall not be relevant in determining whether such conduct
      or acts constitute a violation by such officer or agent of  any  of  the
      obligations  provided  in  section  seven hundred twenty-two and in this
      section.
    
        3. Nothing contained in this section  shall  prohibit  an  officer  or
      agent of a labor organization from:
        (a)  holding  a  financial  interest acquired as an employee through a
      regularly established employee benefit plan, including a stock purchase,
      profit sharing, pension or retirement plan;
        (b) holding securities traded on a securities exchange registered as a
      national exchange under the securities exchange act of nineteen  hundred
      thirty-four, or securities traded on over-the-counter markets within the
      meaning of such act, or shares in an investment company registered under
      the investment company act of nineteen hundred forty, or securities of a
      public  utility  holding  company  registered  under  the public utility
      holding company act of nineteen hundred  thirty-five,  and  all  federal
      laws  amendatory  and supplemental to such acts; provided, however, that
      any investment in such securities or shares shall  not  constitute  more
      than  one  per  cent  of  the  outstanding  securities  or shares of the
      respective class or classes of securities or shares which he holds;
        (c) lending to, or investing in, any business owned predominantly by a
      labor organization or labor organizations; or
        (d) receiving gifts, otherwise lawful, from employers whose  employees
      his  labor organization represents and from employer organizations which
      represent such employers, provided the cumulative retail value  of  such
      gifts from all such employers and employer organizations does not exceed
      one hundred dollars in any calendar year.
        4.  Nothing  contained  in  this  section  shall  prohibit  any  labor
      organization from:
        (a) Acquiring a nominal number of shares in any  corporation  for  the
      purpose  of  qualifying  as  stockholder  in  order  to obtain financial
      statements of the corporation; or
        (b) Lending to, or investing in, any business owned predominately by a
      labor organization or labor organizations.