View all text of Subpart E [§ 452.32 - § 452.54]
§ 452.54 - Retroactive rules.
(a) The reasonableness of applying a newly adopted restriction on candidacy retroactively depends in part upon the nature of the requirement. It would be unreasonable for a labor organization to enforce eligibility requirements which the members had no opportunity to satisfy. For example, it would not be reasonable for a union to apply a newly adopted meeting attendance requirement retroactively since members would have no opportunity to comply with such requirement prior to its effective date.
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33 Hodgson v. Longshoremen's Local 1655, New Orleans Dray Clerks, 79 LRRM 2893, 67 L.C. ¶ 12,466 (E.D. La. January 5, 1972)
(b) It would not be proper for a labor organization to amend its constitution after an election to make eligible a person who had been elected but who was not eligible at the time of the election.