[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: 29CFR458.28]

[Page 216-217]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 458_STANDARDS OF CONDUCT--Table of Contents
 
   Subpart A_Substantive Requirements Concerning Standards of Conduct
 
Sec. 458.28  Presumption of validity.

    In any proceeding involving Sec. 458.26, a trusteeship established 
by a labor organization in conformity with the procedural requirements 
of its constitution and bylaws and authorized or ratified after a fair 
hearing either before the executive board or before such other body as 
may be provided in accordance with its constitution and bylaws shall be 
presumed valid for a period of 18

[[Page 217]]

months from the date of its establishment and shall not be subject to 
attack during such period except upon clear and convincing proof that 
the trusteeship was not established or maintained in good faith for 
purposes allowable under Sec. 458.26. After the expiration of 18 months 
the trusteeship shall be presumed invalid in any such proceeding, unless 
the labor organization shall show by clear and convincing proof that the 
continuation of the trusteeship is necessary for a purpose allowable 
under Sec. 458.26.

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