[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: 29CFR452.1] [Page 169-171] 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 A_General Considerations Sec. 452.1 Introductory statement. Subpart A_General Considerations Sec. 452.1 Introductory statement. 452.2 Application of union constitution and bylaws. 452.3 Interpretations of constitution and bylaws. 452.4 Investigatory provision--application. 452.5 Effect of violation on outcome. 452.6 Delegation of enforcement authority. Subpart B_Other Provisions of the Act Affecting Title IV 452.7 Bill of Rights, title I. 452.8 Trusteeship provisions, title III. 452.9 Prohibition against certain persons holding office; section 504. 452.10 Retaliation for exercising rights. Subpart C_Coverage of Election Provisions 452.11 Organizations to which election provisions apply. 452.12 Organizations comprised of government employees. 452.13 Extraterritorial application. 452.14 Newly formed or merged labor organizations. 452.15 Effect of trusteeship. 452.16 Offices which must be filled by election. 452.17 Officer. 452.18 Constitutional officers. 452.19 Executive functions. 452.20 Nature of executive functions. 452.21 Members of executive board. 452.22 Delegates to a convention. Subpart D_Frequency and Kinds of Elections 452.23 Frequency of elections. 452.24 Terms of office. 452.25 Vacancies in office. 452.26 Elections in local labor organizations. 452.27 National, international organizations, and intermediate bodies. 452.28 Unopposed candidates. 452.29 Primary elections. 452.30 Run-off elections. 452.31 One candidate for several offices. [[Page 170]] Subpart E_Candidacy for Office; Reasonable Qualifications 452.32 Persons who may be candidates and hold office; secret ballot elections. 452.33 Persons who may be candidates and hold office; elections at conventions. 452.34 Application of section 504, LMRDA. 452.35 Qualifications for candidacy. 452.36 Reasonableness of qualifications. 452.37 Types of qualifications. 452.38 Meeting attendance requirements. 452.39 Participation in insurance plan. 452.40 Prior office holding. 452.41 Working at the trade. 452.42 Membership in particular branch or segment of the union. 452.43 Representative categories. 452.44 Dual unionism. 452.45 Multiple office holding. 452.46 Characteristics of candidate. 452.47 Employer or supervisor members. 452.48 Employees of union. 452.49 Other union rules. 452.50 Disqualification as a result of disciplinary action. 452.51 Declaration of candidacy. 452.52 Filing fee. 452.53 Application of qualifications for office. 452.54 Retroactive rules. Subpart F_Nominations for Office 452.55 Statutory provisions concerning nomination. 452.56 Notice. 452.57 Procedures for nomination. 452.58 Self-nomination. 452.59 Presence of nominee. 452.60 Nominations for national, international, or intermediate body office. 452.61 Elimination contests--local unions. 452.62 Disqualification of candidates; procedural reasons. 452.63 Nominations at conventions. 452.64 Write-in votes. 452.65 Interval between nominations and election. Subpart G_Campaign Safeguards 452.66 Statutory provisions. 452.67 Distribution of campaign literature. 452.68 Distribution to less than full membership. 452.69 Expenses of campaign literature. 452.70 Contents of literature. 452.71 Inspection of membership lists. 452.72 Period of inspection. 452.73 Use of union funds. 452.74 Expenditures permitted. 452.75 Union newspapers. 452.76 Campaigning by union officers. 452.77 Permissive use of union funds. 452.78 Expenditures by employers. 452.79 Opportunity to campaign. 452.80 Bona fide candidates. 452.81 Rights in intermediate body elections. 452.82 Reprisal for exercising rights. 452.83 Enforcement of campaign safeguards. Subpart H_Right to Vote 452.84 General. 452.85 Reasonable qualifications on right to vote. 452.86 Vote conditioned on payment of dues. 452.87 Dues paid by checkoff. 452.88 Resumption of good standing. 452.89 Apprentices. 452.90 Visiting members. 452.91 Voting by employers, supervisors. 452.92 Unemployed members. 452.93 Retired members. 452.94 Reasonable opportunity to vote. 452.95 Absentee ballots. Subpart I_Election Procedures; Rights of Members 452.96 General. 452.97 Secret ballot. 452.98 Outside agencies. 452.99 Notice of election. 452.100 Use of union newspaper as notice. 452.101 Sample ballots as notice. 452.102 Notice in mail ballot election. 452.103 Primary elections. 452.104 Proximity of notice to election. 452.105 Interference or reprisal. 452.106 Preservation of records. 452.107 Observers. 452.108 Publication of results. 452.109 Constitution of labor organization. 452.110 Adequate safeguards. 452.111 Campaigning in polling places. 452.112 Form of ballot; slate voting. 452.113 Sectional balloting. 452.114 Write-in votes. 452.115 Distribution of ballots. 452.116 Determining validity of ballots. 452.117 Majority of votes not required for election. 452.118 Local union agents in international elections. 452.119 Indirect elections. 452.120 Officers as delegates. 452.121 Limitations on national or international officers serving as delegates. 452.122 Delegates from intermediate bodies; method of election. 452.123 Elections of intermediate body officers. 452.124 Delegates from units which are not labor organizations. 452.125 Delegates from labor organizations under trusteeship. 452.126 Delegates to conventions which do not elect officers. 452.127 Proportionate representation. 452.128 Under-strength representation. 452.129 Non-discrimination. [[Page 171]] 452.130 Expenses of delegates. 452.131 Casting of ballots; delegate elections. 452.132 Proxy voting. 452.133 Election of delegates not members of the labor organization. 452.134 Preservation of records. Subpart J_Special Enforcement Provisions 452.135 Complaints of members. 452.136 Investigation of complaint by Office of Labor-Management Standards and court action by the Secretary. Subpart K_Dates and Scope of Application 452.137 Effective dates. 452.138 Application of other laws. Authority: Secs. 401, 402, 73 Stat. 532, 534 (29 U.S.C. 481, 482); Secretary's Order No. 5-96, 62 FR 107, January 2, 1997. Source: 38 FR 18324, July 9, 1973, unless otherwise noted. (a) This part discusses the meaning and scope of the provisions of title IV of the Labor-Management Reporting and Disclosure Act \1\ (hereinafter referred to as the Act), which deal with the election of officers of labor organizations. These provisions require periodic election of union officers, and prescribe minimum standards to insure that such elections will be fairly conducted. Specific provisions are included to assure the right of union members to participate in selecting their officers without fear of interference or reprisal, and to protect the right to nominate candidates, run for office, and vote in officer elections. Title IV also sets forth the rights of candidates, provides for secret ballots in appropriate cases, and requires notice of nominations and elections, preservation of election records, and other safeguards to insure fair elections. However, the Act does not prescribe complete, detailed procedures for the nomination and election of union officers. --------------------------------------------------------------------------- \1\ 73 Stat. 532-535, 29 U.S.C. 481-483. --------------------------------------------------------------------------- (b) Interpretations of the Assistant Secretary with respect to the election provisions of title IV are set forth in this part to provide those affected by these provisions of the Act with ``a practical guide * * * as to how the office representing the public interest in its enforcement will seek to apply it.'' \2\ The correctness of an interpretation can be determined finally and authoritatively only by the courts. It is necessary, however, for the Assistant Secretary to reach informed conclusions as to the meaning of the law to enable him to carry out his statutory duties of administration and enforcement. The interpretations of the Assistant Secretary contained in this part, which are issued upon the advice of the Solicitor of Labor, indicate the construction of the law which will guide him in performing his duties unless and until he is directed otherwise by authoritative rulings of the courts or unless and until he subsequently announces that a prior interpretation is incorrect. However, the fact that a particular problem is not discussed in this part, or in interpretations supplementing it, should not be taken to indicate the adoption of any position by the Assistant Secretary with respect to such problem or to constitute an administrative interpretation or practice. --------------------------------------------------------------------------- \2\ Skidmore v. Swift & Co., 323 U.S. 134 at 138 (1944). --------------------------------------------------------------------------- (c) To the extent that prior opinions and interpretations relating to the election of officers of labor organizations under the Act are inconsistent or in conflict with the principles stated in this part, they are hereby rescinded and withdrawn.