Title 29--LABOR
Chapter IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR401.1] [Page 139] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER--Table of Contents Sec. 401.1 Commerce. Commerce means trade, traffic, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. ...


(a) which is, with respect to employees engaged in an industry affecting commerce, an employer within the meaning of any law of the United States relating to the employment of...


a consequence of, or in connection with, any current labor dispute or because of any unfair labor practice or because of exclusion or expulsion from a labor organization in any...


employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR401.8] [Page 140] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER--Table of Contents Sec. 401.8 Trusteeship. Trusteeship means any receivership, trusteeship, or other method of supervision or control whereby a labor organization suspends the autonomy otherwise available to a subordinate body under its constitution or bylaws. ...


any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for...


of a choice with respect to any election or vote taken upon any matter, which is cast in such a manner that the person expressing such choice cannot be identified with the...


other fund or organization (a) which was created or established by a labor organization, or one or more of the trustees or one or more members of the governing body of which is...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR401.13] [Page 140] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER--Table of Contents Sec. 401.13 Labor relations consultant. Labor relations consultant means any person who, for compensation, advises or represents an employer, employer organization, or labor organization concerning employee organizing, concerted activities, or collective bargaining activities. ...


of president, vice president, secretary, treasurer, or other executive functions of a labor organization, and any member of its executive board or similar...


any person who has fulfilled the requirements for membership in such organization, and who neither has voluntarily withdrawn from membership nor has been expelled or...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR401.16] [Page 141] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER--Table of Contents Sec. 401.16 Secretary. Secretary means the Secretary of Labor. ...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR401.17] [Page 141] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER--Table of Contents Sec. 401.17 Act. Act means the Labor-Management Reporting and Disclosure Act of 1959. ...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR401.18] [Page 141] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER--Table of Contents Sec. 401.18 Office. Office means the Office of Labor-Management Standards, Employment Standards Administration, United States Department of Labor. [62 FR 6092, Feb. 10, 1997] ...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR401.19] [Page 141] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 401--MEANING OF TERMS USED IN THIS SUBCHAPTER--Table of Contents Sec. 401.19 Assistant Secretary. Assistant Secretary means the Assistant Secretary of Labor for Employment Standards, head of the Employment Standards Administration. [62 FR 6092, Feb. 10, 1997] ...


consistent with the provisions of the Act applicable thereto, within 90 days after the date the labor organization first becomes subject to the Act. This shall not, however,...


president and secretary or corresponding principal officers containing the information required to be filed by section 201(a) of the Act, and found necessary to be reported...


the report and (subject to the provisions of paragraph (b) of this section, where applicable) a copy of its constitution and bylaws required by section 201(a) of...


to exist by virtue of dissolution or any other form of termination of its existence as a labor organization, or which loses its identity as a reporting labor organization...


this part, the Office of Labor-Management Standards shall assign to the initial information report filed by each labor organization, an identifying number. This number thereafter...


of the receipt of reports and documents submitted for filing under this part, is intended solely to inform the sender of the receipt thereof by the Office, and...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR402.8] [Page 143] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 402--LABOR ORGANIZATION INFORMATION REPORTS--Table of Contents Sec. 402.8 Personal responsibility of signatories of reports. Each individual required to sign any report under section 201(a) of the Act and under this part shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false. ...


the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Office of...


the Act and under this part shall make available to all its members the information required to be contained in such report, including the copy of the constitution and bylaws...


is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of section 201(a) of the Act,...


this part, and the furnishing by the Office of Labor- Management Standards of copies thereof to any person requesting them, shall be governed by part 70 of this title. [35...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR402.13] [Page 144] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 402--LABOR ORGANIZATION INFORMATION REPORTS--Table of Contents Sec. 402.13 OMB control number. The collecting of information requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 1215-0188. [59 FR 15115, Mar. 31, 1994, as amended at 63 FR 33779, June 19, 1998] ...


term fiscal year means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts are kept by a labor organization reporting...


this part, file with the Office of Labor-Management Standards within 90 days after the end of each of its fiscal years, a financial report signed by its president and treasurer,...


this part, file an annual financial report as required by Sec. 403.2, prepared on United States Department of Labor Form LM-2, ``Labor Organization Annual Report,'' in the...


which during its fiscal year loses its identity as a reporting labor organization through merger, consolidation, or otherwise, shall, within 30 days after such loss, file a...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR403.6] [Page 147] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 403--LABOR ORGANIZATION ANNUAL FINANCIAL REPORTS--Table of Contents Sec. 403.6 Personal responsibility of signatories of reports. Each individual required to sign a report under section 201(b) of the Act and under this part shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false. ...


the Act and under this part shall make available to all its members the information required to be contained in such reports, and every such labor organization and its officers...


required by this part, and the furnishing by the Office of Labor- Management Standards of copies thereof to any person requesting them, shall be governed by part 70 of...


year means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts of the labor organization officer or employee are...


employee required to file an annual report under Sec. 404.2 shall file such report on United States Department of Labor Form LM-30 entitled ``Labor Organization Officer and...


from union officers and employees subject to the Act the submission of special reports of pertinent information including, but not necessarily confined to, reports with respect...


is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of section 202(a) of the Act and of this part...


on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Office...


required by this part, and the furnishing by the Office of Labor- Management Standards of copies thereof to any person requesting them, shall be governed by part 70 of...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR404.9] [Page 149] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 404--LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS--Table of Contents Sec. 404.9 OMB control number. The collecting of information requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 1215-0188. [59 FR 15116, Mar. 31, 1994, as amended at 63 FR 33779, June 19, 1998] ...


months, on the basis of which financial accounts are kept by an employer. Where an employer designates a new fiscal year period prior to the expiration of a...


the kind described and required by section 203(a) of the Act to be reported, shall, as prescribed by the regulations in this part, file with the Office of...


the Act and Sec. 405.2 shall file such report on the United States Department of Labor Form LM-10 entitled, ``Employer Report'' \1\ in the detail required by the instructions...


file a report unless said employer has made an expenditure, payment, loan, agreement, or arrangement of the kind described in section 203(a) of the Act; (b) Any employer to file...


section 203 of the Act shall be construed as an amendment to, or modification of the rights protected by section 8(c) of the National Labor Relations Act, as amended,...


the furnishing by the Office of Labor- Management Standards of copies thereof to any person requesting them, shall be governed by part 70 of this title. [35 FR 2990, Feb....


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR405.11] [Page 151] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 405--EMPLOYER REPORTS--Table of Contents Sec. 405.11 OMB control number. The collecting of information requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 1215-0188. [59 FR 15116, Mar. 31, 1994, as amended at 63 FR 33779, June 19, 1998] ...


(a) Corresponding principal officers means any person or persons performing or authorized to perform, principal executive functions corresponding to those...


as a direct or indirect party to any agreement or arrangement with an employer undertakes, pursuant to such agreement or arrangement, any activities where an object thereof...


direct or indirect party to any agreement or arrangement, undertakes any activities of the type described in Sec. 406.2 pursuant to such agreement or arrangement and who, as a result...


the provisions of this part who during his fiscal year loses his identity as a reporting entity through merger, consolidation, dissolution, or otherwise shall within 30 days of...


shall be construed to require: (a) Any person to file a report under this part unless he was a direct or indirect party to an agreement or arrangement of the kind described in...


While nothing contained in section 203 of the Act shall be construed as an amendment to, or modification of the rights protected by, section 8(c) of the National Labor...


to file a report under this part shall be personally responsible for the filing of such report [[Page 154]] and for any statement contained therein which he knows to...


any report under this part shall maintain records on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which...


any report or other document filed as required by this part, and the furnishing by the Office of Labor- Management Standards of copies thereof to any person requesting...


authorized to perform principal executive functions corresponding to those of president and treasurer, of any labor organization which has assumed or imposed a trusteeship over a...


organization shall file with the Office of Labor- Management Standards within 30 days after the imposition of any such trusteeship, a trusteeship report, pursuant to...


initial report under Sec. 408.2 shall file such report on United States Department of Labor Form LM-15 entitled ``Trusteeship Report'' in the detail required by the...


during the continuance of trusteeship over the subordinate labor organization, file with the said Office of Labor- Management Standards semiannually, and not later than six...


the continuance of a trusteeship, the labor organization which has assumed trusteeship over a subordinate labor organization, shall file with the Office of Labor-Management Standards...


shall file within 90 days after the termination of such trusteeship on behalf of the subordinate labor organization a terminal financial report, and one copy, with the...


is filed a terminal trusteeship information report on Form LM-16. If in answer to Item 6 of Form LM-16, there was (a) a convention or other policy determining body to which...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR408.9] [Page 155] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS--Table of Contents Sec. 408.9 Personal responsibility of signatories of reports. Each individual required to sign a report under this part shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false. [[Page 156]] ...


the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Office of...


this part, and the furnishing by the Office of Labor- Management Standards of copies thereof to any person requesting them, shall be governed by part 70 of this title. [35...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR408.13] [Page 156] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 408--LABOR ORGANIZATION TRUSTEESHIP REPORTS--Table of Contents Sec. 408.13 OMB control number. The collecting of information requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 1215-0188. [59 FR 15116, Mar. 31, 1994, as amended at 63 FR 46888, Sept. 3, 1998] ...


consecutive calendar months. Once reported on one basis, a change in the reporting year shall be effected only upon prior approval by the Office of Labor-Management Standards. ...


and Disclosure Act of 1959 or section 412 of the Employee Retirement Income Security Act during the fiscal year, shall file with the Office of Labor-Management Standards a...


and Disclosure Act of 1959 and Sec. 409.2 shall file such report within 150 days after the end of the fiscal year. The period of 150 days within...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR409.4] [Page 157] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 409--REPORTS BY SURETY COMPANIES--Table of Contents Sec. 409.4 Personal responsibility for filing of reports. Each individual required to file a report under section 211 of the Labor-Management Reporting and Disclosure Act of 1959, shall be personally responsible for the filing of such reports and for the accuracy of the information contained therein. ...


to be reported which will provide in sufficient detail the necessary basic information and data from which the reports filed with the Office of Labor-Management Standards...


document filed as required by this part, and the furnishing by the Office of Labor-Management Standards of copies thereof to any person requesting them. [35 FR 2990, Feb....


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR409.7] [Page 157] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 409--REPORTS BY SURETY COMPANIES--Table of Contents Sec. 409.7 OMB control number. The collecting of information requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 1215-0188. [59 FR 15116, Mar. 31, 1994, as amended at 63 FR 33779, June 19, 1998] ...


of 1959 (29 U.S.C. 481) provides that if, upon application of any member of a local labor organization, the Secretary of Labor finds, after hearing in accordance with...


Office of Labor-Management Standards, Employment Standards Administration. (b) Adequate procedure shall mean any procedure which affords reasonable and equitable...


417.3 Initiation of proceedings. (a) Any member of a local labor organization who has reason to believe that: (1) An elected officer(s) of...


417.4 Pre-hearing conference. (a) Upon receipt of an application filed under Sec. 417.3, the Chief, DOE shall cause an investigation to be conducted of...


417.5 Notice. Notice of hearing shall be given not less than 10 days before such hearing is held unless the parties agree to a shorter notice...


417.6 Powers of Administrative Law Judge. The designated Administrative Law Judge shall have authority: (a) To give notice concerning and to...


417.7 Transcript. An official reporter shall make the only official transcript of the proceedings. Copies of the official transcript shall be...


417.8 Appearances. The Department of Labor does not maintain a register of persons or attorneys who may participate at hearings. Any interested person...


417.9 Evidence; contumacious or disorderly conduct. (a) Formal rules of evidence or procedure in use in courts of law or equity shall not obtain....


417.10 Rights of participants. Every interested person shall have the right to present oral or documentary evidence, to submit evidence in rebuttal,...


417.11 Objections to evidence. Objections to the admission or exclusion of evidence may be made orally or in writing, but shall be in short form,...


417.12 Proposed findings and conclusions. Within 10 days following the close of hearings, interested persons may submit proposed findings and...


417.13 Initial decision of Administrative Law Judge. Within 25 days following the period for submitting proposed findings and conclusions,...


417.14 Form and time for filing of appeal with the Assistant Secretary. (a) An interested person may appeal from the Administrative Law Judge's...


417.15 Decision of the Assistant Secretary. Upon appeal filed with the Assistant Secretary pursuant to Sec. 417.14, or within his discretion upon...


417.16 Initiation of proceedings. (a) Any member of a local labor organization may file a complaint with the Office of Labor-Management Standards...


417.17 Investigation of complaint and court action. The Office of Labor-Management Standards shall investigate such complaint, and if upon such...


417.18 Hearings--removal of officers of local labor organizations. Hearings pursuant to order of the court and concerning the removal of officers under...


417.19 Assistant Secretary's representative. The Assistant Secretary shall appoint a representative or representatives whose functions shall be to supervise...


417.20 Notice of hearing. Notice of hearing, not less than 10 days in advance of the date set for such hearing, shall be transmitted to the officer or...


417.21 Transcript. It shall be within the discretion of the Assistant Secretary to require an official reporter to make an official transcript of...


417.22 Vote among members of the labor organization. Within a reasonable time after completion of the hearing, and after proper notice thereof, a secret...


417.23 Report to the Assistant Secretary. Following completion of the hearing and vote, the Assistant Secretary's Representative shall file a report with...


417.24 Appeal to the Assistant Secretary. (a) Within 15 days after mailing of the report of the Assistant Secretary's Representative, any interested party...


417.25 Certification of results of vote. Upon receipt of the report of the Assistant Secretary's Representative on the hearing and vote on removal,...


meaning and scope of sections 3(i) and 3(j) of the Labor-Management Reporting and Disclosure Act of 1959 \1\ (hereinafter referred to as the Act). These provisions...


must qualify under section 3(i). It must also be engaged in an industry affecting commerce. In accordance with the broad language used and the manifest congressional intent,...


deal with employers. (1) The term ``labor organization'' includes ``any organization of any kind, any agency, or employee representation committee, group, association, or plan * *...


sets forth five categories of labor organizations which ``shall be deemed to be engaged in an industry affecting commerce'' within the meaning of the Act. Any organization...


in section 3(i) and the examples of labor organizations deemed to be engaged in an industry affecting commerce in section 3(j)(5) both except from the...


impose on foreign labor organizations any regulation of the activities they carry on under the laws of the countries in which they are domiciled or have their principal place...


Introductory statement. (a) This part discusses the meaning and scope of the provisions of title IV of the Labor-Management Reporting and Disclosure...


Application of union constitution and bylaws. Elections required to be held as provided in title IV are to be conducted in accordance with the validly...


Interpretations of constitution and bylaws. The interpretation consistently placed on a union's constitution by the responsible union official or...


Investigatory provision--application. The provisions of section 601 of the Act provide general investigatory authority to investigate alleged violations of the Act...


Effect of violation on outcome. Since the remedy under section 402 is contingent upon a finding by the court, among other things, that the violation ``may have affected...


Delegation of enforcement authority. The authority of the Secretary under the Act has been delegated in part to the Assistant Secretary. [38 FR 18324, July 9, 1973,...


Bill of Rights, title I. The provisions of title I, ``Bill of Rights of Members of Labor Organizations'' \7\ (particularly section...


Trusteeship provisions, title III. Placing a labor organization under trusteeship consistent with title III, may have the effect of suspending the application...


Prohibition against certain persons holding office; section 504. Among the safeguards for labor organizations provided in title V is a prohibition against...


Retaliation for exercising rights. Section 609, which prohibits labor organizations or their officials from disciplining members for exercising their rights...


Organizations to which election provisions apply. Title IV of the Act contains election provisions applicable to national and international labor organizations,...


Organizations comprised of government employees. An organization composed entirely of government employees (other than employees of the United States Postal Service)...


Extraterritorial application. Although the application of the Act is limited to the activities of persons and organizations within the territorial jurisdiction of...


Newly formed or merged labor organizations. The initial selection of officers by newly formed or merged labor organizations is not subject to the requirements of title...


Effect of trusteeship. Establishment of a valid trusteeship may have the effect of suspending the operation of the election provisions of the Act. When the...


Offices which must be filled by election. Section 401 of the Act identifies the types of labor organizations whose officers must be elected and prescribes minimum...


Officer. Section 3(n) of the Act defines the word ``officer'' and it is this definition which must be used as a guide in determining what particular positions...


Constitutional officers. A constitutional officer refers to a person holding a position identified as an officer by the constitution and bylaws of the...


Executive functions. The definitional phrase ``a person authorized to perform the functions of president, vice president, secretary, treasurer, or other...


Nature of executive functions. (a) The functions that will bring a particular position with a title other than president, vice-president, secretary-treasurer,...


Members of executive board. The phrase ``a member of its executive board or similar governing body'' refers to a member of a unit identified as an executive board or...


Delegates to a convention. Under certain circumstances, delegates to a convention of a national or international labor organization, or to an intermediate body, must...


Frequency of elections. The Act requires that all national and international labor organizations (other than federations of such labor organizations) elect...


Terms of office. The prescribed maximum period of three, four, or five years is measured from the date of the last election. \20\ It would not be consistent...


Vacancies in office. Title IV governs the regular periodic elections of officers in labor organizations subject to the Act. No requirements are imposed with respect...


Elections in local labor organizations. Local labor organizations must conduct their regular elections of officers by secret ballot among the members in good standing....


National, international organizations, and intermediate bodies. The officers of a national or international labor organization or of an intermediate body must be...


Unopposed candidates. An election of officers or delegates that would otherwise be required by the Act to be held by secret ballot need not be held by secret...


Elections Sec. 452.29 Primary elections. Where a union holds primary elections or similar procedures for eliminating candidates prior to...


Run-off elections. A run-off election must meet the standards set forth in title IV if the original election was subject to the requirements of the Act. For example,...


One candidate for several offices. Where a union constitution or other validly adopted rule provides that a single elected officer will perform the functions of more...


Persons who may be candidates and hold office; secret ballot elections. Section 401(e) provides that in any election of officers required by the Act which...


Persons who may be candidates and hold office; elections at conventions. Where elections of national or international labor organizations or of intermediate...


Application of section 504, LMRDA. The eligibility of members of labor organizations to be candidates and to hold office in such organizations is subject...


Qualifications for candidacy. It is recognized that labor organizations may have a legitimate institutional interest in prescribing minimum standards for...


Reasonableness of qualifications. (a) The question of whether a qualification is reasonable is a matter which is not susceptible of precise definition, and...


Types of qualifications. Ordinarily the following types of requirements may be considered reasonable, depending on the circumstances in which they are...


Meeting attendance requirements. (a) It may be reasonable for a labor organization to establish a requirement of attendance at a specified number of its...


Participation in insurance plan. In certain circumstances, in which the duties of a particular office require supervision of an insurance plan in more than...


Prior office holding. A requirement that candidates for office have some prior service in a lower office is not considered...


Working at the trade. (a) It would ordinarily be reasonable for a union to require candidates to be employed at the trade or even to have been so...


Membership in particular branch or segment of the union. A labor organization may not limit eligibility for office to particular branches or segments of the...


Representative categories. In the case of a position which is representative of a unit defined on a geographic, craft, shift, or similar basis, a labor...


Dual unionism. While the Act does not prohibit a person from maintaining membership or holding office in more than one labor organization, it would be...


Multiple office holding. An officer may hold more than one office in a labor organization so long as this is consistent with the constitution and bylaws of...


Characteristics of candidate. A labor organization may establish certain restrictions on the right to be a candidate on the basis of personal characteristics...


Employer or supervisor members. Inasmuch as it is an unfair labor practice under the Labor Management Relations Act (LMRA) for any employer (including...


Employees of union. A labor organization may in its constitution and bylaws prohibit members who are also its full-time non-elective employees from...


Other union rules. (a) Unions may establish such other reasonable rules as are necessary to protect the members against leaders who may have committed...


Disqualification as a result of disciplinary action. Section 401(e) was not intended to limit the right of a labor organization to take disciplinary action...


Declaration of candidacy. A union may not adopt rules which in their effect discourage or paralyze any opposition to the incumbent...


Filing fee. It would be unreasonable to require candidates for office to pay a filing fee because a fee limits the right of members to a reasonable...


Application of qualifications for office. Qualifications for office which may seem reasonable on their face may not be proper if they are applied in an...


Retroactive rules. (a) The reasonableness of applying a newly adopted restriction on candidacy retroactively depends in part upon the nature of the...


Statutory provisions concerning nomination. In elections subject to the provisions of title IV a reasonable opportunity must be afforded for the nomination of...


Notice. (a) To meet this requirement, the labor organization must give timely notice reasonably calculated to inform all members of the offices to be filled in the...


Procedures for nomination. (a) Since the Act does not prescribe particular procedures for the nomination of candidates, the labor organization is free to employ any...


Self-nomination. A system of self-nomination, if this is the only method for making nominations, deprives union members of a reasonable opportunity to nominate...


Presence of nominee. A requirement that members must be present at the nomination meeting in order to be nominated for office might be considered unreasonable in...


Nominations for national, international or intermediate body office. (a) When officers of a national or international labor organization or of an intermediate body are...


Elimination contests--local unions. (a) A procedure in a local under which nominees compete in an elimination process to reduce the number of candidates in the...


Disqualification of candidates; procedural reasons. A candidate who is otherwise eligible for office may not be disqualified because of the failure of a union officer...


Nominations at conventions. In elections at conventions at which nominations are also made, delegates who have been elected by secret ballot must be given ample...


Write-in votes. The Act neither requires nor prohibits write-in candidacy or write- in votes. These matters are governed by appropriate provisions of the union's...


Interval between nominations and election. The Act specifies no time interval between nominations and election. Thus, both may be scheduled to be held at the same meeting...


Statutory provisions. The opportunity for members to have a free, fair, and informed expression of [[Page 186]] their choices among candidates seeking...


Distribution of campaign literature. The Act imposes the duty on the union and its officers to comply with all reasonable requests of any candidate to distribute his...


Distribution to less than full membership. Although section 401(c) specifies distribution to ``all members in good standing,'' a labor organization must also honor requests...


Expenses of campaign literature. Each candidate must be treated equally with respect to the expense of such distribution. Thus, a union and its officers must honor...


Contents of literature. The Act does not and unions may not regulate the contents of campaign literature which candidates may wish to have distributed by the union....


Inspection of membership lists. (a) Each bona fide candidate for office has a right, once within 30 days prior to any election in which he is a candidate, to inspect a...


Period of inspection. The Act specifies the maximum period during which the right of inspection of membership lists is to be granted. The opportunity to inspect the lists...


Use of union funds. In the interest of fair union elections, section 401(g) of the Act places two limitations upon the use of labor organization funds derived from...


Expenditures permitted. The Act does not prohibit impartial publication of election information. Thus, it would not be improper for a union to sponsor a debate at...


Union newspapers. The provisions of section 401(g) prohibit any showing of preference by a labor organization or its officers which is advanced through the use of union...


Campaigning by union officers. Unless restricted by constitutional provisions to the contrary, union officers and employes retain their rights as members to participate in...


Permissible use of union funds. Certain uses of union funds are considered permissible under section 401(g). For example, a court ruled that money of a subordinate union...


Expenditures by employers. (a) As an additional safeguard, section 401(g) provides that no money of an employer is to be contributed or applied to promote the candidacy...


Opportunity to campaign. There must be a reasonable period prior to the election during which office-seekers and their supporters may engage in the campaigning that the...


Bona fide candidates. A person need not be formally nominated in order to be a bona fide candidate entitled to exercise the rights mentioned in Secs. 452.67 and 452.71....


Rights in intermediate body elections. While the literal language in section 401(c) relating to distribution of campaign literature and to discrimination with respect to...


Reprisal for exercising rights. A member has a right to support the candidate of his choice without being subject to penalty, discipline, or improper interference or...


Enforcement of campaign safeguards. Certain of the safeguards of section 401(c) are enforceable at the suit of any bona fide candidate. This special statutory right to sue...


General. Under the provisions of section 401(e), every member in good standing is entitled to vote in elections required under title IV which are to be held by secret...


Reasonable qualifications on right to vote. The basic right of members to vote in elections of the labor organization may be qualified by reasonable rules and regulations in...


Vote conditioned on payment of dues. A labor organization may condition the exercise of the right to vote upon the payment of dues, which is a basic obligation of...


Dues paid by checkoff. A member in good standing whose dues are checked off by his employer pursuant to his voluntary authorization provided for in a collective...


Resumption of good standing. While it is permissible for a labor organization to deny the right to vote to those delinquent in paying their dues (with the exceptions...


Apprentices. A labor organization may condition the right to vote upon completion of a bona fide program of apprenticeship training which is designed to produce...


Visiting members. A decision about the voting rights of visiting members is properly one for resolution by the union in accordance with the organization's constitution and...


Voting by employers, supervisors. Voting in union elections by employers, self-employed persons, supervisors or other persons who are considered to be part of management is...


Unemployed members. Members who are otherwise qualified to vote may not be disqualified from voting merely because they are currently unemployed or are employed on a...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR452.93] [Page 191] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 452--GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959--Table of Contents Subpart H--Right to Vote Sec. 452.93 Retired members. The right of retirees to vote may be restricted to the extent provided by the constitution and bylaws of the labor organization. ...


Reasonable opportunity to vote. The statutory protection of the right to vote implies that there must be a reasonable opportunity to vote. Thus, there is an obligation on...


Absentee ballots. Where the union knows in advance that a substantial number or a particular segment of the members will not be able to exercise their right to vote in...


General. The Act safeguards democratic processes by prescribing, in section 401, minimum standards for the regular periodic election of officers in...


Secret ballot. (a) A prime requisite of elections regulated by title IV is that they be held by secret ballot among the members or in appropriate cases...


Outside agencies. There is nothing in the Act to prevent a union from employing an independent organization as its agent to handle the printing, mailing,...


Notice of election. Elections required by title IV to be held by secret ballot must be preceded by a notice of election mailed to each member at his last...


Use of union newspaper as notice. A labor organization may comply with the election notice requirement by publishing the notice in the organization's newspaper...


Sample ballots as notice. Sample ballots together with information as to the time and place of the election and the offices to be filled, if mailed fifteen days...


Notice in mail ballot election. If the election is conducted by mail and no separate notice is mailed to the members, the ballots must be mailed to the members...


Primary elections. The fifteen-day election notice provision applies to a ``primary election'' at which nominees are chosen. Likewise, the fifteen-day...


Proximity of notice to election. (a) The statutory requirement for giving fifteen days' notice of election is a minimum standard. There is no objection to giving...


Interference or reprisal. Title IV expressly provides for the right of a member to vote for and otherwise support the candidates of his choice without being...


Preservation of records. In every secret ballot election which is subject to the Act, the ballots and all other records pertaining to the election must...


Observers. (a) Under the provisions of section 401(c), each candidate must be permitted to have an observer (1) at the polls and (2) at the counting of...


Publication of results. In any election which is required by the Act to be held by secret ballot, the votes cast by members of each local labor organization...


Constitution of labor organization. Elections must be conducted in accordance with the constitution and bylaws of the organization insofar as they are...


Adequate safeguards. (a) In addition to the election safeguards discussed in this part, the Act contains a general mandate in section 401(c), that...


Form of ballot; slate voting. The form of the ballot is not prescribed by the Act. Thus, a union may, if it so desires, include a proposed bylaw change or...


Sectional balloting. The ballots may be prepared so that the names of candidates for positions representative of a particular area appear only on the...


Write-in votes. Where write-in votes are permitted in an election subject to title IV, details of the format of the ballot are left to the discretion of the...


Distribution of ballots. So long as secrecy of the ballot is maintained, there is no restriction on how the ballots are distributed to...


Determining validity of ballots. Generally, a labor organization has a right to establish reasonable rules for determining the validity of ballots cast in...


Majority of votes not required for election. A labor organization may by its constitution and bylaws provide for the election of the candidate who receives...


Local unions agents in international elections. An international union may establish internal rules which require local or intermediate union officials to act...


Indirect elections. National or international labor organizations subject to the Act have the option of electing officers either directly by secret ballot...


Officers as delegates. Officers of labor organizations who have been elected by secret ballot vote of their respective memberships may, by virtue of their...


Limitations on national or international officers serving as delegates. While officers of national or international labor organizations or of intermediate bodies...


Delegates from intermediate bodies; method of election. A delegate from an intermediate body who participates in the election of officers at a national...


Elections of intermediate body officers. Section 401(d) states that officers of intermediate bodies shall be elected either by secret ballot among the members in...


Delegates from units which are not labor organizations. To the extent that units, such as committees, which do not meet the definition of a labor organization...


Delegates from labor organizations under trusteeship. It would be unlawful under section 303(a)(1) of the Act to count the votes of delegates from a...


Delegates to conventions which do not elect officers. Delegates to conventions need not be elected by secret ballot when officers of the organization are elected by...


Proportionate representation. When officers of a national, international or intermediate labor organization are elected at a convention of delegates who have...


Under-strength representation. A local union may elect fewer delegates than it is permitted under the union constitution as long as the local is allowed to...


Non-discrimination. Further, distinctions in representational strength among or within locals may not be based on arbitrary and unreasonable factors such as...


Expenses of delegates. A local may elect two groups--one which would receive expenses while the other would be required to pay its own way, provided each member...


Casting of ballots; delegate elections. The manner in which the votes of the representatives are cast in the convention is not subject to special limitations....


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR452.132] [Page 198] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 452--GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959--Table of Contents Subpart I--Election Procedures; Rights of Members Sec. 452.132 Proxy voting. There is no prohibition on delegates in a convention voting by proxy, if the constitution and bylaws permit. ...


Election of delegates not members of the labor organization. A labor organization's constitution and bylaws may authorize the election of delegates who are...


Preservation of records. The credentials of delegates, and all minutes and other records pertaining to the election of officers at conventions, must be...


Complaints of members. (a) Any member of a labor organization may file a complaint with the Office of Labor-Management Standards alleging that there have...


Investigation of complaint by Office of Labor-Management Standards, court action by the Secretary. (a) The Office of Labor-Management Standards is required to...


Effective dates. (a) Section 404 states when the election provisions of the Act become applicable.\58\ In the case of labor organizations whose constitution...


Application of other laws. (a) Section 403 \59\ provides that no labor organization shall be required by law to conduct elections of officers with greater frequency...


(a) Functions of the Department of Labor. This part discusses the meaning and scope of section 502 of the Labor-Management Reporting and Disclosure Act of 1959...


(a) Section 502(a) requires that: Every officer, agent, shop steward, or other representative or employee of any labor organization (other than a labor organization whose...


Any labor organization as defined in sections 3(i) and 3(j) of the Act \3\ is a labor organization within the coverage...


the coverage of section 502(a). Section 3(l) of the Act defines a trust in which a labor organization is interested as: * * * a trust or other fund or organization...


employees of a labor organization. With respect to labor organizations, the term ``officer, agent, shop steward, or other representative'' is defined in section 3(q) of the...


employees of a trust in which a labor organization is interested. (a) Officers, agents, shop stewards or other representatives. While the definition of the collective...


of a trust in which a labor organization is interested. The affirmative requirement for bonding the specified personnel is applicable only if they handle ``funds or other...


(a) General considerations. Section 502(a) requires ``every'' person specified in its bonding requirement ``who handles'' funds or other property of the labor organization or...


as a governing body. (a)(1) General considerations. For many labor organizations and trusts special problems involving disbursements will be presented by those...


every covered person ``shall be bonded to provide protection against loss by reason of acts of fraud or dishonesty on his part directly or through connivance with...


relates. The bonding requirement in section 502(a) relates only to duties of the specified personnel in connection with their handling of funds or other property to...


or dishonesty'' shall be deemed to encompass all those risks of loss that might arise through dishonest or fraudulent acts in handling of funds as delineated in Secs. 453.8 and...


the Act requires that the bond of each ``person'' handling ``funds or other property'' who must be bonded be fixed ``at the beginning of the organization's fiscal year * * * in an...


of bonds required under the Act must extend to any actual loss from the acts of fraud or dishonesty in the handling of ``funds or other property'' (Sec. 453.7), the amount of...


year''. The funds handled by personnel required to be bonded and their predecessors during the course of a fiscal year would ordinarily include the total of whatever...


amount of any required bond is determined by the total funds handled during a fiscal year by each ``person'' bonded, and any predecessors of such ``person''. The term ``person'',...


must in each instance be based on funds handled ``during the preceding fiscal year,'' and must be fixed ``at the beginning'' of an organization's fiscal year--that is, as...


(a) General consideration. In addition to such substantive matters as the personnel who must be bonded and the scope and the amount of the prescribed bonds, which have been...


Since section 502 is intended to protect the funds or other property of labor organizations and trusts in which labor organizations are interested, bonds under this section...


Secretary of the Treasury. The provisions of section 502(a) require that any surety company with which a bond is placed pursuant to that section must be a corporate...


(a) Section 502(a) of the Act prohibits the placing of bonds required therein through any agent or broker or with any surety company in which any labor organization or...


(a) Section 502(a) provides that persons who are not covered by bonds as required by that section shall not be permitted to receive, handle, disburse, or otherwise...


fiscal year. Considering the purpose of section 502, the language of the prohibition should be considered to apply to persons who because of election, employment or change...


prohibit payment of the cost of the bonds, required by section 502(a), by labor organizations or by trusts in which a labor organization is interested. The decision whether such costs...


While the bonding provision in section 502(a) became effective on September 14, 1959, its requirement for obtaining bonds does not become applicable to a labor organization or a trust...


Section 502(a) of the Act provides that when in the opinion of the Secretary of Labor a labor organization has made other bonding arrangements which would provide the protection...


implement 5 U.S.C. 7120 and 22 U.S.C. 4117, which relate to the standards of conduct for labor organizations in the Federal sector set forth in title VII of the Civil Service...


the Foreign Service Act of 1980; CAA means the Congressional Accountability Act of 1995; LMRDA means the Labor-Management Reporting and Disclosure Act of 1959, as...


Agency, employee, labor organization, and dues, when used in connection with the CSRA, have the meanings set forth in 5 U.S.C. 7103. Employee, labor organization, and dues, when...


the CSRA, 5 U.S.C. 7104 and 7105. Board, when used in connection with the FSA, means the Foreign Service Labor Relations Board as described in the FSA, 22 U.S.C....


Employment Standards, head of the Employment Standards Administration.\2 --------------------------------------------------------------------------- \2\ Pursuant to Secretary...


shall have the meaning as set forth in the CSRA, 5 U.S.C. 7120, and the FSA, 22 U.S.C. 4117, and as amplified in part 458 of this subchapter. The standards of...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR457.15] [Page 213] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 457--GENERAL--Table of Contents Subpart B--Meaning of Terms as Used in This Chapter Sec. 457.15 District Director. District Director means the Director of a district office within the Office of Labor-Management Standards, Employment Standards Administration. [63 FR 33780, June 19, 1998] ...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR457.16] [Page 213] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 457--GENERAL--Table of Contents Subpart B--Meaning of Terms as Used in This Chapter Sec. 457.16 Chief, DOE. Chief, DOE means the Chief of the Division of Enforcement within the Office of Labor-Management Standards, Employment Standards Administration. [63 FR 33780, June 19, 1998] ...


Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by part...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR457.18] [Page 213] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 457--GENERAL--Table of Contents Subpart B--Meaning of Terms as Used in This Chapter Sec. 457.18 Chief Administrative Law Judge. Chief Administrative Law Judge means the Chief Administrative Law Judge, U.S. Department of Labor, Washington, DC 20210. ...


activity or agency: (a) Filing a complaint, petition, request, or application; (b) named in a complaint, petition, request, or application; or (c) whose intervention in...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR457.20] [Page 213] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 457--GENERAL--Table of Contents Subpart B--Meaning of Terms as Used in This Chapter Sec. 457.20 Intervenor. Intervenor means a party in a proceeding whose intervention has been permitted or directed by the Assistant Secretary, Chief Administrative Law Judge, or Administrative Law Judge, as the case may be. ...


Reporting and Disclosure Act of 1959, as amended (29 U.S.C. 401 et seq.). Unless otherwise provided in this part or in the CSRA or FSA, any term in any section of the...


(a)(1) Equal rights. Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections...


The reporting provisions of parts 402, 403, and 408 of this chapter shall apply to labor organizations subject to the requirements of the CSRA or FSA. (Approved by the Office...


be established and administered by a labor organization over a subordinate body only in accordance with the constitution and bylaws of the organization which has...


During any period when a subordinate body of a labor organization is in trusteeship, (a) the votes of delegates or other representatives from such body in any convention or election...


458.26, a trusteeship established by a labor organization in conformity with the procedural requirements of its constitution and bylaws and authorized or ratified after a fair...


labor organization subject to the CSRA or FSA shall conduct periodic elections of officers in a fair and democratic manner. All elections of officers shall be governed by the...


local labor organization is charged with serious misconduct and the constitution and bylaws of such organization do not provide an adequate procedure meeting the standards of Sec....


organizations. The standards of fiduciary responsibility prescribed in section 501(a) of the LMRDA are incorporated into this subpart by reference and made a...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR458.32] [Page 217] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 458--STANDARDS OF CONDUCT--Table of Contents Subpart A--Substantive Requirements Concerning Standards of Conduct Sec. 458.32 Provision for accounting and financial controls. Every labor organization shall provide accounting and financial controls necessary to assure the maintenance of fiscal integrity. ...


of a labor organization shall, directly or indirectly through his spouse, minor child, or otherwise (1) have or acquire any pecuniary or personal interest which would conflict with...


or indirectly make any loan to any officer or employee of such organization which results in a total indebtedness on the part of such officer or employee to the...


other representative or employee of any labor organization subject to the CSRA or FSA (other than a labor organization whose property and annual financial receipts do not...


The prohibitions against holding office or employment in a labor organization contained in section 504(a) of the LMRDA are incorporated into this subpart by reference and made a...


any officer, agent, shop steward, or other representative or any employee thereof shall fine, suspend, expel, or otherwise discipline any of its members for exercising any right to...


violence. No labor organization or any officer, agent, shop steward, or other representative or any employee thereof shall use, conspire to use, or threaten to use force...


determine whether any person has violated or is about to violate any provision of Secs. 458.26 through 458.30, the Chief, DOE may cause an investigation to be conducted. (b)...


investigation the Chief, DOE or a District Director or his representative may inspect such records and question such persons as he may deem necessary to enable him to determine...


concerning any matter which he deems to be appropriate as a result of an investigation of possible violations of Secs. 458.26 through 458.30. The District Director may report...


may be filed with any district office, or any other office of the Office of Labor-Management Standards. [45 FR 15158, Mar. 7, 1980. Redesignated and amended at 50 FR 31311,...


labor organization, or Sec. 458.37, prohibition of certain discipline. Any member of a labor organization whose rights under the provisions of Sec. 458.2 or Sec. 458.37 are...


information and a clear and concise statement of the facts constituting the alleged violation. (b) The complainant shall submit with his complaint a statement...


the complaint shall be served upon the respondent, and a written statement of such service shall be furnished to the District Director. [45 FR 15158, Mar. 7, 1980. Redesignated at...


to Secs. 458.54 through 458.56, the District Director shall obtain such additional information as he deems necessary, including the positions of the parties and any offers...


reasonable basis for the complaint has not been established, or that an offer of settlement satisfactory to the complainant has been made, he may dismiss the complaint. If he...


a dismissal by filing a request for review with the Assistant Secretary within fifteen (15) days of service of the notice of dismissal. A copy of such request shall be served on...


there is a reasonable basis for the complaint, and that no offer of settlement satisfactory to the complainant has been made, he shall refer the matter to the Chief Administrative...


the regulations in this subchapter, whenever it appears necessary in order to effectuate the purposes of the CSRA or FSA or to avoid unnecessary costs or delay, the...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR458.62] [Page 220] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 458--STANDARDS OF CONDUCT--Table of Contents Subpart B--Proceedings for Enforcing Standards of Conduct Sec. 458.62 Hearing procedures. The proceedings following issuance of the notice of hearing shall be as provided in Secs. 458.69 through 458.92 of this part. Procedures Involving Election of Officers ...


(a) A member of a labor organization may file a complaint alleging violations of Sec. 458.29 within 1 calendar month after he has (1) exhausted the remedies available under...


preliminary inquiry that a complaint is deficient in any of the following respects, the District Director shall conduct no investigation: (1) The complainant is not a member...


concludes that there is probable cause to believe that a violation has occurred which may have affected the outcome and which has not been remedied, he shall proceed in accordance...


appears to the Chief, DOE that a violation of any provision of Secs. 458.26 through 458.30 has occurred and has not been remedied, he shall immediately notify any appropriate...


under Sec. 458.66 shall constitute the institution of a formal enforcement proceeding in the name of the Chief, DOE or District Director, who shall be the only complaining party in...


respondent shall file an answer thereto with the Chief Administrative Law Judge and shall serve a copy on all parties. The answer shall be signed by the respondent or...


to be served upon each of the parties a notice of hearing. The notice of hearing shall include the following: (a) The name and identity of each party and the case number. ...


this part shall be conducted before an Administrative Law Judge designated by the Chief Administrative Law Judge for the Department of Labor except, however, that when...


fact in the complaint shall constitute a waiver of hearing. Upon such admission, the Administrative Law Judge without further hearing shall prepare his recommended decision...


be filed with the Chief Administrative Law Judge. The moving party shall serve a copy of all motions and requests on all other parties. Motions during the course of the...


Administrative Law Judge may direct the parties or their counsel to meet with him for a conference to consider: (1) Simplification of the issues; (2) Necessity...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR458.74] [Page 223] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 458--STANDARDS OF CONDUCT--Table of Contents Subpart C--Hearing and Related Matters Sec. 458.74 Conduct of hearing. Hearings shall be conducted by an Administrative Law Judge and shall be open to the public unless otherwise ordered by the Administrative Law Judge. ...


motion in writing in accordance with the procedures set forth in Sec. 458.72 or, if made at the hearing, may move orally on the record, stating the grounds upon which such person claims...


of the Administrative Law Judge to inquire fully into the facts as they relate to the matter before him and to prepare, serve and submit his recommended decision and order pursuant...


person, by counsel, or by other representative, to examine and cross-examine witnesses, and to introduce into the record documentary or other relevant evidence, except that...


be received, except that an Administrative Law Judge may exclude any evidence or offer of proof which is immaterial, irrelevant, unduly repetitious, or customarily...


of rights of members of labor organizations) or Sec. 458.37 (Prohibition of certain discipline), the complainant shall have the burden of proving the allegations of the...


Judge designated to conduct the hearing becomes unavailable, the Chief Administrative Law Judge shall designate another Administrative Law Judge for the purpose of further...


of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing accompanied by a short statement of the grounds for such objection...


the Assistant Secretary, except motions to correct the record under Sec. 458.76(l), shall be made in writing to the Assistant Secretary. The moving party shall serve a copy of...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR458.83] [Page 225] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 458--STANDARDS OF CONDUCT--Table of Contents Subpart C--Hearing and Related Matters Sec. 458.83 Waiver of objections. Any objection not duly urged before an Administrative Law Judge shall be deemed waived. ...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR458.84] [Page 225] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 458--STANDARDS OF CONDUCT--Table of Contents Subpart C--Hearing and Related Matters Sec. 458.84 Oral argument at the hearing. Any party shall be entitled, upon request, to a reasonable period prior to the close of the hearing for oral argument, which shall be included in the official transcript of the hearing. ...


such proceedings. Copies of the official transcript will be provided to the parties, in accordance with the provisions of part 70 of this title, or they may be examined in the...


Judge shall file the original within ten (10) days after the close of the hearing: Provided, however, That prior to the close of the hearing and for good cause, the...


of the hearing, the parties may submit proposed findings and conclusions to the Administrative Law Judge, together with supporting reasons therefor, which shall become part of...


the Assistant Secretary; exceptions. (a) After the close of the hearing, and the receipt of briefs, or findings and conclusions, if any, the Administrative Law Judge shall...


(a) Exceptions to an Administrative Law Judge's recommended decision and order shall: (1) Set forth specifically the questions upon which exceptions are taken; ...


contain only matters included within the scope of the exceptions and shall contain, in the order indicated, the following: (1) A concise statement of the case containing all...


Judge's recommended decision and order, the record, and any exceptions filed, the Assistant Secretary shall issue his decision affirming or reversing the Administrative Law...


action is ordered, the respondent shall report to the Assistant Secretary, within a specified period, that the required remedial action has been effected. When the...


[Code of Federal Regulations] [Title 29, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR458.93] [Page 227] TITLE 29--LABOR CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR PART 458--STANDARDS OF CONDUCT--Table of Contents Subpart C--Hearing and Related Matters Sec. 458.93 Stay of remedial action. In cases involving violations of this part, the Assistant Secretary may direct, subject to such conditions as he deems appropriate, that the remedial action ordered be stayed. ...


part 458 of this subchapter, the day of the act, event, or default after which the designated period of time begins to run, shall not be included. The last day of the period so...


a prescribed period after service of a notice or other paper upon him and the notice or paper is served on him by mail, five (5) days shall be added to the prescribed...


of the proceeding and the case number, if any. (b) Signature. The original of each document required to be filed under these regulations shall be signed by the party or by...


served personally or by registered or certified mail or by telegraph. When service is by mail, the date of service shall be the day when the matter served is deposited in the...


and provisions of the CSRA or FSA. (b) When an act is required or allowed to be done at or within a specified time, the Assistant Secretary may at any time order the...




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