29 U.S.C. § 482: Enforcement

Summary

A union member may file a complaint with the Secretary of Labor if they have used all internal remedies, or if those remedies did not give a final answer within three calendar months. The complaint must be filed within one calendar month after those steps. While the case is decided, the election is treated as valid and the elected officers keep running the union unless the union’s own rules say something different. The Secretary will investigate. If the Secretary finds probable cause that a law was broken and not fixed, the Secretary must, within sixty days of the complaint, sue the union in the U.S. district court where the union has its main office. The court can protect the union’s assets. After a full trial, if the court finds by a preponderance of the evidence that an election was not held on time or a violation might have changed the outcome, the court will void the election and order a new one supervised by the Secretary. The Secretary will quickly tell the court who won, and the court will enter a decree naming the officers or confirming removals. Orders about elections, dismissals, or officers can be appealed, but an order to hold an election cannot be put on hold while it is appealed.

Title 29, §482

Labor, Source: USLM XML via OLRC

(a)Filing of complaint; presumption of validity of challenged election

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,

may file a complaint with the Secretary within one calendar month thereafter alleging the violation of any provision of section 481 of this title (including violation of the constitution and bylaws of the labor organization pertaining to the election and removal of officers). The challenged election shall be presumed valid pending a final decision thereon (as hereinafter provided) and in the interim the affairs of the organization shall be conducted by the officers elected or in such other manner as its constitution and bylaws may provide.

(b)Investigation of complaint; commencement of civil action by Secretary; jurisdiction; preservation of assets

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)Declaration of void election; order for new election; certification of election to court; decree; certification of result of vote for removal of officers

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,

the court shall declare the election, if any, to be void and direct the conduct of a new election under supervision of the Secretary and, so far as lawful and practicable, in conformity with the constitution and bylaws of the labor organization. The Secretary shall promptly certify to the court the names of the persons elected, and the court shall thereupon enter a decree declaring such persons to be the officers of the labor organization. If the proceeding is for the removal of officers pursuant to subsection (h) of section 481 of this title, the Secretary shall certify the results of the vote and the court shall enter a decree declaring whether such persons have been removed as officers of the labor organization.

(d)Review of orders; stay of order directing election

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