§464 Civil Action for Enforcement

Summary

The Secretary must look into any written complaint from a union member or local unit that says the union broke the rules in this part of the law (except section 461). If the Secretary finds probable cause and the problem hasn’t been fixed, the Secretary must sue in a federal district court for the right relief, and must not reveal who complained. A union member or local unit can also bring the same kind of lawsuit on their own. A federal district court has authority where the union’s main office is, or where its officers are running a trusteeship. If a union legally puts a local under trusteeship and follows its own rules and gives a fair hearing, that trusteeship is presumed valid for eighteen months and can only be overturned with clear and convincing proof it was not for a purpose allowed under section 462. After eighteen months the trusteeship is presumed invalid unless the union proves by clear and convincing proof it must continue for an allowed purpose; the court may then dismiss the case or keep it under conditions it finds appropriate.