143.8—Guidelines.
The guidelines for making certain factual determinations are as follows:
(a)
In determining whether an organization is a military labor organization, whether a person is a member of a military labor organization, or whether such person or organization is in violation of any provision of this part, the history and operation of the organization (including its constitution and bylaws, if any) or person in question may be evaluated, along with evidence on the conduct constituting a prohibited act.
(b)
In determining whether the commission of a prohibited act by a person can be imputed to the organization, examples of factors that may be considered include: The frequency of such act; the position in the organization of persons committing the act; whether the commission of such act was known by the leadership of the organization; whether the commission of the act was condemned or disavowed by the leadership of the organization.
(c)
Any information about persons and organizations not affiliated with the Department of Defense needed to make the determinations required by this part shall be gathered in strict compliance with the provisions of DoD Directive 5200.27 1 and shall not be acquired by counterintelligence or security investigative personnel. The organization itself shall be considered a primary source of information.
Code of Federal Regulations
Footnote(s): 1 Copies are available at http://www.dtic.mil/whs/directives.