§482 — Title 29 Labor | U.S. Code

Summary

A union member who has used all the union’s internal appeals, or who asked for those appeals and did not get a final answer within three calendar months, can file a complaint. The Secretary must look into the complaint. If the Secretary finds enough reason to think a rule was broken and it wasn’t fixed, the Secretary must, within sixty days of the complaint, sue the union in the federal court where the union’s main office is. The court can set aside a bad election, order a supervised new election or hearing about removing officers, and take steps to protect the union’s money and property. After a full trial, the court decides whether an election was not held on time or whether a rule break might have affected the result. Orders that direct an election, dismiss a complaint, or name officers can be appealed like other civil judgments, but an order to hold an election cannot be put on hold while the appeal happens.

Title 29, §482

Labor — Source: USLM XML via OLRC

(a)A member of a labor organization—

(1)who has exhausted the remedies available under the constitution and bylaws of such organization and of any parent body, or

(2)who has invoked such available remedies without obtaining a final decision within three calendar months after their invocation,

(b)The Secretary shall investigate such complaint and, if he finds probable cause to believe that a violation of this subchapter has occurred and has not been remedied, he shall, within sixty days after the filing of such complaint, bring a civil action against the labor organization as an entity in the district court of the United States in which such labor organization maintains its principal office to set aside the invalid election, if any, and to direct the conduct of an election or hearing and vote upon the removal of officers under the supervision of the Secretary and in accordance with the provisions of this subchapter and such rules and regulations as the Secretary may prescribe. The court shall have power to take such action as it deems proper to preserve the assets of the labor organization.

(c)If, upon a preponderance of the evidence after a trial upon the merits, the court finds—

(1)that an election has not been held within the time prescribed by section 481 of this title, or

(2)that the violation of section 481 of this title may have affected the outcome of an election,

(d)An order directing an election, dismissing a complaint, or designating elected officers of a labor organization shall be appealable in the same manner as the final judgment in a civil action, but an order directing an election shall not be stayed pending appeal.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable ninety days after Sept. 14, 1959, in the case of certain labor organizations, see section 404 of Pub. L. 86–257, set out as a note under section 481 of this title.

§482 Enforcement

Summary

Title 29, §482

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata