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29 U.S.C. § 482 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section481&num=0&edition=prelim) (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
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Source location: Title 29, Chapter 11, § 482; chapter-011-labor-management-reporting-and-disclosure-procedure.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section481&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section481&num=0&edition=prelim), or
(2) that the violation of [section 481 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section481&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section481&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers of national or international labor organizations; manner of election** Every national or international labor organization, except a federation of national or international labor organizations, shall elect its officers not less often than once every five years either by secret ballot among the members in good standing or at a convention of delegates chosen by secret ballot.
**(b) Officers of local labor organizations; manner of election** Every local labor organization shall elect its officers not less often than once every three years by secret ballot among the members in good standing.
**(c) Requests for distribution of campaign literature; civil action for enforcement; jurisdiction; inspection of membership lists; adequate safeguards to insure fair election** Every national or international labor organization, except a federation of national or international labor organizations, and every local labor organization, and its officers, shall be under a duty, enforceable at the suit of any bona fide candidate for office in such labor organization in the district court of the United States in which such labor organization maintains its principal office, to comply with all reasonable requests of any candidate to distribute by mail or otherwise at the candidate’s expense campaign literature in aid of such person’s candidacy to all members in good standing of such labor organization and to refrain from discrimination in favor of or against any candidate with respect to the use of lists of members, and whenever such labor organizations or its officers authorize the distribution by mail or otherwise to members of campaign literature on behalf of any candidate or of the labor organization itself with reference to such election, similar distribution at the request
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Federal law — U.S. Code and appendices · legal_authorities
Page 129
TITLE 29—LABOR
§ 482
tunity shall be given for the nomination of can-
didates and every member in good standing shall
be eligible to be a candidate and to hold office
(subject to section 504 of this title and to rea-
sonable qualifications uniformly imposed) and
shall have the right to vote for or otherwise sup-
port the candidate or candidates of his choice,
without being subject to penalty, discipline, or
improper interference or reprisal of any kind by
such organization or any member thereof. Not
less than fifteen days prior to the election no-
tice thereof shall be mailed to each member at
his last known home address. Each member in
good standing shall be entitled to one vote. No
member whose dues have been withheld by his
employer for payment to such organization pur-
suant to his voluntary authorization provided
for in a collective bargaining agreement shall be
declared ineligible to vote or be a candidate for
office in such organization by reason of alleged
delay or default in the payment of dues. The
votes cast by members of each local labor orga-
nization shall be counted, and the results pub-
lished, separately. The election officials des-
ignated in the constitution and bylaws or the
secretary, if no other official is designated, shall
preserve for one year the ballots and all other
records pertaining to the election. The election
shall be conducted in accordance with the con-
stitution and bylaws of such organization inso-
far as they are not inconsistent with the provi-
sions of this subchapter.
(f) Election of officers by convention of dele-
gates; manner of conducting convention;
preservation of records
When officers are chosen by a convention of
delegates elected by secret ballot, the conven-
tion shall be conducted in ac
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