29 U.S.C. § 482 — Enforcement

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 accordance with the constitution and bylaws of the labor organiza- tion insofar as they are not inconsistent with the provisions of this subchapter. The officials designated in the constitution and bylaws or the secretary, if no other is designated, shall pre- serve for one year the credentials of the dele- gates and all minutes and other records of the convention pertaining to the election of officers. (g) Use of dues, assessments or similar levies, and funds of employer for promotion of can- didacy of person No moneys received by any labor organization by way of dues, assessment, or similar levy, and no moneys of an employer shall be contributed or applied to promote the candidacy of any per- son in any election subject to the provisions of this subchapter. Such moneys of a labor organi- zation may be utilized for notices, factual state- ments of issues not involving candidates, and other expenses necessary for the holding of an election. (h) Removal of officers guilty of serious mis- conduct If the Secretary, upon application of any member of a local labor organization, finds after hearing in accordance with subchapter II of chapter 5 of title 5 that the constitution and by- laws of such labor organization do not provide an adequate procedure for the removal of an elected officer guilty of serious misconduct, such officer may be removed, for cause shown and after notice and hearing, by the members in good standing voting in a secret ballot, con- ducted by the officers of such labor organization in accordance with its constitution and bylaws insofar as they are not inconsistent with the provisions of this subchapter. (i) Rules and regulations for determining ade- quacy of removal procedures The Secretary shall promulgate rules and reg- ulations prescribing minimum standards and procedures for determining the adequacy of the removal procedures to which reference is made in subsection (h). (Pub. L. 86–257, title IV, § 401, Sept. 14, 1959, 73 Stat. 532.) Editorial Notes CODIFICATION In subsec. (h), ‘‘subchapter II of chapter 5 of title 5’’ substituted for ‘‘the Administrative Procedure Act’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Govern- ment Organization and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 86–257, title IV, § 404, Sept. 14, 1959, 73 Stat. 535, provided that: ‘‘The provisions of this title [enact- ing this subchapter] shall become applicable— ‘‘(1) ninety days after the date of enactment of this Act [Sept. 14, 1959] in the case of a labor organization whose constitution and bylaws can lawfully be modi- fied or amended by action of its constitutional offi- cers or governing body, or ‘‘(2) where such modification can only be made by a constitutional convention of the labor organization, not later than the next constitutional convention of such labor organization after the date of enactment of this Act [Sept. 14, 1959], or one year after such date, whichever is sooner. If no such convention is held within such one-year period, the executive board or similar governing body empowered to act for such labor organization between conventions is empowered to make such interim constitutional changes as are necessary to carry out the provisions of this title [en- acting this subchapter].’’ § 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 or- ganization 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 vio- lation of any provision of section 481 of this title (including violation of the constitution and by- laws 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. 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-