§482 — Title 29 Labor | U.S. Code

Summary

A union member who has used all internal appeals, or who asked for a decision and got no final answer within three calendar months, can complain to the Secretary of Labor. The Secretary must investigate. If there is probable cause and the problem wasn’t fixed, the Secretary must sue the union in the federal district court where the union’s main office is within sixty days of the complaint. The suit can ask to cancel a invalid election and order a new supervised election or a vote to remove officers under the law and the Secretary’s rules. The court can protect the union’s assets. After a trial, if the court finds by more likely-than-not evidence that an election wasn’t held on time under section 481 or that a violation might have affected the result, orders to hold an election, dismiss a complaint, or name officers can be appealed like other final civil judgments. An order to hold an election cannot be put on hold while someone appeals.

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