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29 U.S.C. § 483 — Application of other laws; existing rights and remedies; exclusiveness of remedy for challenging election

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 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.

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Stable record: federal_law:legal_authorities:record_usc_70e6c5a6ee7abc08eedea417
Source file: Laws/federal/codes/united-states-code/title-29/section-483-application-of-other-laws-existing-rights-and-remedies-exclusiveness-of--21b7278af8.md
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Passage SHA-256: 29c03bb14267793e0e09dd55dadfaf295fe1e4c55ab4c83a34ddcdb46d1747a3

Source location: Title 29, Chapter 11, § 483; chapter-011-labor-management-reporting-and-disclosure-procedure.md

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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.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 481 — Terms of office and election procedures

**(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

29 U.S.C. § 483 — Application of other laws; existing rights

Page 130 TITLE 29—LABOR § 483 (b) Investigation of complaint; commencement of civil action by Secretary; jurisdiction; preser- vation of assets The Secretary shall investigate such com- plaint 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 organiza- tion as an entity in the district court of the United States in which such labor organization maintains its principal office to set aside the in- valid election, if any, and to direct the conduct of an election or hearing and vote upon the re- moval of officers under the supervision of the Secretary and in accordance with the provisions of this subchapter and such rules and regula- tions 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 organi- zation. (c) Declaration of void election; order for new election; certification of election to court; de- cree; certification of result of vote for re- moval 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 organiza- tion. The Secretary shall promptly certify to the court the names of the persons elected, and the court shall thereu

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