[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: 29CFR452.34]

[Page 178-179]
 
                             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 E_Candidacy for Office; Reasonable Qualifications
 
Sec. 452.34  Application of section 504, LMRDA.

    The eligibility of members of labor organizations to be candidates 
and to hold office in such organizations is subject only to the 
provisions of section 504(a), which bars individuals convicted of 
certain crimes from holding office in labor organizations \23\ and to 
reasonable qualifications uniformly imposed. A person who is barred from 
serving in union office by section 504(a) is not eligible to be a 
candidate. However, a labor organization may permit a person who is 
barred from holding union office by section 504(a) to be a candidate for 
office if the section 504 disability will terminate by the customary 
date for the installation of officers. A labor organization may within 
reasonable limits adopt stricter standards than those contained in 
section

[[Page 179]]

504(a) by extending the period of disability or by barring from union 
office persons who have been convicted of crimes other than those 
specified.
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    \23\ The disabling crimes set forth in the Act, sec. 504(a), as 
amended by sec. 803 of the Comprehensive Crime Control Act of 1984, 
Public Law 98-473, (29 U.S.C. 504) are robbery, bribery, extortion, 
embezzlement, grand larceny, burglary, arson, violation of narcotics 
laws, murder, rape, assault with intent to kill, assault which inflicts 
grievous bodily injury, or a violation of title II or III of this Act, 
any felony involving abuse or misuse of a position or employment in a 
labor organization or employee benefit plan to seek or obtain an illegal 
gain at the expense of the members of the labor organization or the 
beneficiaries of the employee benefit plan, or conspiracy to commit any 
such crimes or attempt to commit any such crimes or a crime in which any 
of the foregoing crimes is an element.''
    Note: The U.S. Supreme Court, on June 7, 1965, held unconsitutional 
as a bill of attainder the section 504 provision which imposes criminal 
sanctions on Communist Party members for holding union office; U.S. v. 
Brown, 381 U.S. 437.

[38 FR 18324, July 9, 1973, as amended at 50 FR 31311, Aug. 1, 1985]