Collapse to view only § 481. Terms of office and election procedures
- § 481. Terms of office and election procedures
- § 482. Enforcement
- § 483. Application of other laws; existing rights and remedies; exclusiveness of remedy for challenging election
§ 481. Terms of office and election procedures
(a) Officers of national or international labor organizations; manner of election
(b) Officers of local labor organizations; manner of election
(c) Requests for distribution of campaign literature; civil action for enforcement; jurisdiction; inspection of membership lists; adequate safeguards to insure fair election
(d) Officers of intermediate bodies; manner of election
(e) Nomination of candidates; eligibility; notice of election; voting rights; counting and publication of results; preservation of ballots and records
(f) Election of officers by convention of delegates; manner of conducting convention; preservation of records
(g) Use of dues, assessments or similar levies, and funds of employer for promotion of candidacy of person
(h) Removal of officers guilty of serious misconduct
(i) Rules and regulations for determining adequacy of removal procedures
(Pub. L. 86–257, title IV, § 401, Sept. 14, 1959, 73 Stat. 532.)
§ 482. Enforcement
(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
(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
(Pub. L. 86–257, title IV, § 402, Sept. 14, 1959, 73 Stat. 534.)
§ 483. Application of other laws; existing rights and remedies; exclusiveness of remedy for challenging election
No labor organization shall be required by law to conduct elections of officers with greater frequency or in a different form or manner than is required by its own constitution or bylaws, except as otherwise provided by this subchapter. Existing rights and remedies to enforce the constitution and bylaws of a labor organization with respect to elections prior to the conduct thereof shall not be affected by the provisions of this subchapter. The remedy provided by this subchapter for challenging an election already conducted shall be exclusive.
(Pub. L. 86–257, title IV, § 403, Sept. 14, 1959, 73 Stat. 534.)