[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: 29CFR417.16]

[Page 163]
 
                             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
 
Subpart B_Procedures Upon Failure of Union to Take Appropriate Remedial 
                  Action Following Subpart A Procedures
 
Sec. 417.16  Initiation of proceedings.


    (a) Any member of a local labor organization may file a complaint 
with the Office of Labor-Management Standards alleging that following a 
finding by the Assistant Secretary pursuant to subpart A that the 
constitution and bylaws of the labor organization pertaining to the 
removal of officers are inadequate, or a stipulation of compliance with 
the provisions of section 401(h) of the Act reached with the Chief, DOE 
in connection with a prior charge of the inadequacy of a union's 
constitution and bylaws to remove officers, as provided in subpart A of 
this part, the labor organization (1) has failed to act within a 
reasonable time, or (2) has violated the procedures agreed to with the 
Chief, DOE, or (3) has violated the principles governing adequate 
removal procedures under Sec. 417.2(b).
    (b) The complaint must be filed pursuant to section 402(a) of the 
Act within one calendar month after one of the two following conditions 
has been met:
    (1) The member has exhausted the remedies available to him under the 
constitution and bylaws of the organization, or
    (2) The member has invoked such remedies without obtaining a final 
decision within three calendar months after invoking them.

[59 FR 65716, Dec. 21, 1994, as amended at 62 FR 6093, Feb. 10, 1997]