[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: 29CFR452.5]

[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. 452.5  Effect of violation on outcome.

    Since the remedy under section 402 is contingent upon a finding by 
the court, among other things, that the violation ``may have affected 
the outcome of an election'' \5\ the Secretary as a matter of policy 
will not file suit to enforce the election provisions unless the 
violations found are such that the outcome may have been affected. \6\
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    \5\ Act, sec. 402(b) (29 U.S.C. 482).
    \6\ Dunlop v. Bachowski, 421 U.S. 560, 570 (1975), citing Wirtz v. 
Glass Bottle Blowers, 389 U.S. 463, 472 (1968) and Schonfeld v. Wirtz, 
285 F. Supp. 705, 707-708 (S.D.N.Y. 1966).

[38 FR 18324, July 9, 1973, as amended at 50 FR 31310, Aug. 1, 1985; 63 
FR 33780, June 19, 1998]