§464 Civil action for enforcement

Summary

If a union member or a local group files a written complaint saying the union broke the rules (except under section 461), the Secretary of Labor must look into it. If the Secretary finds probable cause and the problem is not fixed, the Secretary will sue in federal court without naming the person who complained. A member or local group that is hurt by the violation can also sue in federal court for relief, including court orders to stop the bad action. Federal courts have authority over a union in the district where the union’s main office is, or in any district where the union’s officers are running a trusteeship (when a union takes control of a local). If a trusteeship was set up under the union’s rules and after a fair hearing, it is treated as valid for 18 months and can only be challenged with clear and convincing proof that it was not done in good faith for an allowed reason under section 462. After 18 months the trusteeship is treated as invalid unless the union proves with clear and convincing evidence that it must continue for an allowed reason; then the court may end the case or keep it under conditions and for whatever time it finds appropriate.