Labor Law – LMRA – Status of Union Official as an “Employee Representative” for Purposes of Prosecution Under Section 302

The appellant was president of the International Longshoreman’s Association, the recognized bargaining agent for longshore labor in the Port of New York. An officer of several of the employer members of the New York Shipping Association paid the appellant $5500 in six yearly “Christmas presents.” The appellant was convicted of violating section 302 of the Labor-Management Relations Act, which makes it a misdemeanor for “any representative of any employees” to receive or agree to receive money from his employer, subject to certain exceptions. On appeal, held, reversed. The word “representative” is a term of art used throughout the act to mean a collective bargaining representative. Although the appellant is an officer of the union, the union itself is the collective bargaining agent. United States v. Ryan, (2d Cir. 1955) 225 F. (2d) 417, cert. granted 350 U.S. 860, 76 S.Ct. 103 (1955).