[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: 29CFR452.26]

[Page 177]
 
                             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 D_Frequency and Kinds of Elections
 
Sec. 452.26  Elections in local labor organizations.

    Local labor organizations must conduct their regular elections of 
officers by secret ballot among the members in good standing. All 
members in good standing of the local labor organization must be given 
an opportunity to vote directly for candidates to fill the offices that 
serve them. Indirect election of officers of a local labor organization 
would violate section 401(b) of the Act. For example, a procedure 
whereby the local's membership elects an executive board or some similar 
body by secret ballot which in turn selects (either from among its own 
membership or from the local's membership at large) the persons to fill 
specific offices would not comply with the Act. \21\ Similarly, the 
election of a chief steward by the shop stewards would violate the Act 
if the chief steward, by virtue of that position, also serves as a 
member of the executive board, since members of the executive board must 
be elected directly by secret ballot among the members in good standing.
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    \21\ Wirtz v. Independent Petroleum Workers of America, 75 LRRM 
2340, 63 L.C. ]11,190 (N.D. Ind. 1970).
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