[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR417.1]

[Page 158-159]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 417_PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS
--Table of Contents
 
Sec. 417.1  Purpose and scope.




                                 General

Sec.
417.1 Purpose and scope.
417.2 Definitions.

 Subpart A_Procedures To Determine Adequacy of Constitution and Bylaws 
          for Removal of Officers of Local Labor Organizations

417.3 Initiation of proceedings.
417.4 Pre-hearing conference.
417.5 Notice.
417.6 Powers of Administrative Law Judge.
417.7 Transcript.
417.8 Appearances.
417.9 Evidence; contumacious or disorderly conduct.
417.10 Rights of participants.
417.11 Objections to evidence.
417.12 Proposed findings and conclusions.
417.13 Initial decision of Administrative Law Judge.
417.14 Form and time for filing of appeal with the Assistant Secretary.
417.15 Decision of the Assistant Secretary.

Subpart B_Procedures Upon Failure of Union to Take Appropriate Remedial 
                  Action Following Subpart A Procedures

417.16 Initiation of proceedings.
417.17 Investigation of complaint and court action.
417.18 Hearings--removal of officers of local labor organizations.
417.19 Assistant Secretary's representative.
417.20 Notice of hearing.
417.21 Transcript.
417.22 Vote among members of the labor organization.
417.23 Report to the Assistant Secretary.
417.24 Appeal to the Assistant Secretary.
417.25 Certification of results of vote.

    Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481, 482); 
Secretary's Order No. 5-96, 62 FR 107, January 2, 1997.

    Source: 29 FR 8264, July 1, 1964, unless otherwise noted.

                                 General


    Section 401(h) of the Labor-Management Reporting and Disclosure Act 
of 1959 (29 U.S.C. 481) provides that if, upon application of any member 
of a local labor organization, the Secretary

[[Page 159]]

of Labor finds, after hearing in accordance with the Administrative 
Procedure Act, that the constitution and bylaws of such labor 
organization do not provide an adequate procedure for the removal of an 
elected officer guilty of serious misconduct, such officer may be 
removed for cause shown and after notice and hearing, by the members in 
good standing voting in a secret ballot. Section 401(i) (29 U.S.C. 481) 
requires the Secretary to promulgate rules and regulations prescribing 
minimum standards and procedures for determining the adequacy of the 
removal procedures referred to in section 401(h). Section 402(a) (29 
U.S.C. 482) provides that a member of a labor organization who has 
exhausted the available internal remedies of such organization and of 
any parent body, or who has invoked such remedies without obtaining a 
final decision within three months, may file a complaint with the 
Secretary within one month thereafter alleging violation of section 401 
(including violation of the constitution and bylaws of the labor 
organization pertaining to the removal of officers). Section 402(b) (29 
U.S.C. 482) provides that upon suit initiated by the Secretary, a 
Federal court may direct the conduct of a hearing and vote upon the 
removal of officers under the supervision of the Secretary, and in 
accordance with such rules and regulations as the Secretary may 
prescribe. It is the purpose of this part to implement those sections by 
prescribing regulations relating to the procedures and standards for 
determining the adequacy of removal procedures and the procedures for 
holding elections for the removal of officers.