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 thereupon enter a decree declar- ing such persons to be the officers of the labor organization. If the proceeding is for the re- moval of officers pursuant to subsection (h) of section 481 of this title, the Secretary shall cer- tify the results of the vote and the court shall enter a decree declaring whether such persons have been removed as officers of the labor orga- nization. (d) Review of orders; stay of order directing elec- tion 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 ac- tion, but an order directing an election shall not be stayed pending appeal. (Pub. L. 86–257, title IV, § 402, Sept. 14, 1959, 73 Stat. 534.) 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. § 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 fre- quency or in a different form or manner than is required by its own constitution or bylaws, ex- cept as otherwise provided by this subchapter. Existing rights and remedies to enforce the con- stitution 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.) 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. SUBCHAPTER VI—SAFEGUARDS FOR LABOR ORGANIZATIONS § 501. Fiduciary responsibility of officers of labor organizations (a) Duties of officers; exculpatory provisions and resolutions void The officers, agents, shop stewards, and other representatives of a labor organization occupy positions of trust in relation to such organiza- tion and its members as a group. It is, therefore, the duty of each such person, taking into ac- count the special problems and functions of a labor organization, to hold its money and prop- erty solely for the benefit of the organization and its members and to manage, invest, and ex- pend the same in accordance with its constitu- tion and bylaws and any resolutions of the gov- erning bodies adopted thereunder, to refrain from dealing with such organization as an ad- verse party or in behalf of an adverse party in any matter connected with his duties and from holding or acquiring any pecuniary or personal interest which conflicts with the interests of such organization, and to account to the organi- zation for any profit received by him in what- ever capacity in connection with transactions conducted by him or under his direction on be- half of the organization. A general exculpatory provision in the constitution and bylaws of such a labor organization or a general exculpatory resolution of a governing body purporting to re- lieve any such person of liability for breach of the duties declared by this section shall be void as against public policy. (b) Violation of duties; action by member after refusal or failure by labor organization to commence proceedings; jurisdiction; leave of court; counsel fees and expenses When any officer, agent, shop steward, or rep- resentative of any labor organization is alleged to have violated the duties declared in sub- section (a) and the labor organization or its gov-