[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: 29CFR452.4]

[Page 172]
 
                             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. 452.4  Investigatory provision--application.

    The provisions of section 601 of the Act provide general 
investigatory authority to investigate alleged violations of the Act 
including violations of title IV. However, section 601 in and of itself 
provides no remedy, and the section must be read in conjunction with the 
remedy and statutory scheme of section 402, i.e., exhaustion of internal 
union remedies and a complaint to the Secretary following completion of 
the election before suit can be filed. In view of the remedy provided, 
an investigation prior to completion of an election may have the effect 
of publicizing the activities or unsubstantiated allegations of one 
faction to the prejudice of the opposition. To avoid this result, and as 
a matter of sound statutory construction, the Department will exercise 
its investigatory authority only in circumstances in which the outcome 
of the election could not be affected by the investigation. \4\ Thus, 
the Department ordinarily will employ its investigatory authority only 
where the procedural requirements for a title IV investigation have been 
met; but in unusual circumstances or where necessary to collect or 
preserve evidence an investigation may be conducted after the conclusion 
of balloting.
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    \4\ However questions involving the use of force or violence or the 
threat of the use of force or violence under circumstances which may 
violate section 610 (29 U.S.C. 530) of the Act will be referred promptly 
to the Department of Justice for appropriate action.
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