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MU Labor Education Program

Internal union regulation

Standards Governing Union Elections -- Title IV, LMRDA1

Footnotes

  1. For further reading on Title IV of the LMRDA, see Individual Rights, Chapter 6, "Union Elections: Title IV of the LMRDA." Pp. 205-297. To review the statute, reference 29 United States Code (USC), Government Printing Office: Washington, D.C. Sec. 481-483. For the Department of Labor's interpretations of the many subparts of the LMRDA, reference 29 Code of Federal Regulations (CFR), Government Printing Office: Washington, D.C. Sec. 452.1-452.138 (7-1-97 Edition).
  2. 29 USC Sec. 402(n).
  3. 29 USC Sec. 402(e).
  4. 29 USC Sec. 402(o).
  5. These guidelines are not applicable for filling position vacancies between elections (29 CFR Sec. 452.25), when a labor organization has been placed under trusteeship (29 CFR Sec 452.8, 452.15) or has newly formed or merged (29 CFR Sec. 452.14).
  6. 29 USC Sec. 481(b).
  7. 29 USC Sec. 481(a).
  8. 29 USC Sec. 481(d).
  9. See Marshall v. Machinists, Local 1374, 558 F.2d 1354, 96 LRRM 2242 (9th Cir. 1977).
  10. 29 CFR Sec. 452.28.
  11. 29 USC Sec. 481(b).
  12. 29 CFR Sec. 452.26.
  13. 29 CFR Sec. 452.117.
  14. 29 CFR Sec. 452.27, 452.119.
  15. Being an union officer does not automatically qualify you as a candidate (29 CFR Sec. 452.12).
  16. 29 CFR Sec. 452.57(a).
  17. 29 USC Sec. 481(e).
  18. For bad mailing lists, see e.g., Wirtz v. Carpenters, Local 1622, 285 F.Supp. 455, 68 LRRM 2589 (N.D. Cal. 1968), for a failure to inform, see e.g., Marshall v. Office and Professional Employees, Local 2, 505 F.Supp. 121, 107 LRRM 2456 (D.D.C. 1981).
  19. See Donovan v. State, County & Municipal Employees, Civil Service, Local 1000, 761 F.2d 870, 119 LRRM 2249 (2nd Cir. 1985).
  20. See Hodgson v. Industrial and Allied Workers, Local 290, 327 F.Supp. 1284, 78 LRRM 2156 (E.D. Tex. 1971).
  21. 29 CFR Sec. 452.52.
  22. 29 CFR Sec. 452.58.
  23. 29 CFR Sec. 452.59.
  24. Membership in the Communist Party has since been determined not to be a criminal offense in U.S. v. Brown, 381 U.S. 437 (1965).
  25. 391 U.S. 492, 68 LRRM 2305 (1968), prior office holding requirement found illegal.
  26. 429 U.S. 305, 94 LRRM 2203 (1977), attendance rule found illegal.
  27. Compare Steelworkers, Local 3489, supra note 12, with its 18 month attendance requirement to Marshall v. Longshoremen, ILA, Local 1402, 617 F.2d 96, 105 LRRM 2694 with its rule requiring 10 months attendance, both ruled illegal.
  28. 29 CFR Sec. 452.37(a), which also covers "continuity of good service" and see Sec. 452.37(b) whereby requirements of this nature must allow for grace periods covering dues payments.
  29. Supra note 11, Hotel and Restaurant Employees, Local 6.
  30. 29 CFR Sec. 452.41(a).
  31. 29 CFR Sec. 452.41(d).
  32. 29 CFR Sec. 452.41(b) and Brennen v. Independent lift Truck Builders, 490 F.2d 213, 85 LRRM 2324 (7th Cir. 1974).
  33. For definitions covering the mailing and the 15 day minimum see 29 CFR Sec. 452.99-104.
  34. 29 USC Sec. 481(e).
  35. Ibid.
  36. Use guidleines of 29 USC Sec. 411(a)(1) as a map.
  37. 29 CFR Sec. 452.86.
  38. 29 CFR Sec. 452.87.
  39. 29 CFR Sec. 452.88.
  40. 29 CFR Sec. 452.85.
  41. 29 CFR Sec. 452.92.
  42. 29 CFR Sec. 452.111.
  43. 29 CFR Sec. 452.107, 29 USC Sec. 481(c). Each candidate is allowed an observer at the polls and at the ballot counting. They do not need to be a member of the union, unless this is required by the consitution. The union is responsible for their actions regardless.
  44. SeeWirtz v. Variety Artists, 267 F.Supp. 527, 64 LRRM 2406 (S.D.N.Y. 1967).
  45. 29 CFR Sec. 452.112.
  46. 29 USC Sec. 481(c).
  47. 29 CFR Sec. 452.71(b).
  48. 29 CFR Sec. 452.71(A0, 452.72.
  49. 29 CFR Sec. 452.71(a).
  50. 29 CFR Sec. 452.67.
  51. 29 CFR Sec. 452.69.
  52. 29 CFR Sec. 452.70.
  53. See Donovan v. Carpenters Metropolitan District Council, 797 F.2d 140, 123 LRRM 2606 (3rd Cir. 1986).
  54. Compare Yablonski v. Mine Workers, 305 F.Supp. 868, 72 LRRM 2172 (D.D.C. 1969) to Camarata v. Teamsters, 478 F.Supp. 321, 102 LRRM 3053 (D.D.C. 1979).
  55. 29 USC Sec. 481(g).
  56. 29 CFR Sec. 452.73(a).
  57. 29 CFR Sec. 452.73(b).
  58. 29 CFR Sec. 452.75.
  59. See Hodgson v. Mine Workers, 344 F.Supp. 17, 80 LRRM 2145 (D.D.C. 1972).
  60. 29 CFR Sec. 452.76.
  61. 29 CFR Sec. 452.78(b).
  62. See Marshall v. Teamsters, Local 20, 611 F.2d 645, 103 LRRM 2111 (6th Cir. 1979), aff'g 101 LRRM 2195 (N.D. Ohio 1979).
  63. SeeDonovan v. Teamsters, Local 70, 661 F.2d 1199, 108 LRRM 3133 (9th Cir.), aff'g 103 LRRM 2396 (N.D. Cal. 1979).
  64. 29 USC Sec. 483(g).
  65. 29 CFR Sec. 452.74.
  66. Supra, note 50.
  67. 67. 29 USC Sec. 481(e) & (f).
  68. 29 CFR Sec. 452.106.
  69. Ibid., see also Shultz v. Independent Employees Union of Packerland Packing, 74 LRRM 2137 (W.D. Wisc. 1970).
  70. 29 USC Sec. 481(e).
  71. 29 CFR Sec. 452.108.
  72. See Calhoon v. Harvey, 421 U.S. 560, 89 LRRM 2435 (1975).
  73. 29 USC Sec. 481(c).
  74. Supra, note 54, Camarata v. Teamsters.
  75. See Backo v. Carpenters, Local 281, 438 F.2d 176, 76 LRRM 2184 (2nd Cir. 1970), aff'g, 308 F.Supp. 172, 73 LRRM 2052 (S.D. N.Y. 1969), cert denied, 404 U.S. 858, 78 LRRM 2465 (1971).
  76. Teamsters, Furniture Moving Drivers, Local 62 v. Crowly, 467 U.S. 526, 116 LRRM 2633 (1984).
  77. 403 U.S. 333, 77 LRRM 2497 (1971).
  78. See Wirtz v. Laborers, Local 125, 389 U.S. 477, 67 LRRM 2134 (1968).
  79. See Hodgson v. Distillery Workers, Liquor Salesmen, Local 2, 444 F.2d 1344, 78 LRRM 2030 (2nd Cir. 1971).
  80. See Donovan v. Longshoremen, ILA, Local 1235, 715 F.2d 671, 114 LRRM 2038 (5th Cir. 1983).
  81. 29 CFR Sec. 452.135(b).
  82. 29 USC Sec. 482(a).
  83. See Donovan v. Machinists, District 146, 754 F.2d 621, 118 LRRM 2969 (5th Cir. 1985).
  84. See Hall v. Marshall, 476 F.Supp. 262, 102 LRRM 2980 (E.D. Pa. 1979).
  85. Individual Rights, p. 272.
  86. See Donovan v. Postal & Federal Employees, District 3, 107 LRRM 3271 (N.D. Ga. 1981).
  87. The sixty-day timeframe can be extended due to union refusal to cooperate, see Donovan v. Retail Wholesale Union, Hospital Employees, District 1199, 760 F.2d 440, 119 LRRM 2190 (2nd Cir. 1985); by the union waiving the deadline, see Hodgson v. Machinists, Local 851, 454 F.2d 545, 78 LRRM 3078 (7th Cir. 1971); or by the courts, see Hodgson v. Machinists, Local 1374, 558 F.2d 1354, 96 LRRM 2242 (9th Cir. 1977) where the court determined the deadline is "directory" not "mandatory."
  88. See Hodgson v. Carpenters, Local 2212, 457 F.2d 1364, 79 LRRM 3064 (3rd Cir. 1972).
  89. See Wirtz v. Maritime Union, 399 F.2d 544, 68 LRRM 3017 (2nd Cir. 1968).
  90. 389 U.S. 463, 67 LRRM 2129 (1968).
  91. 29 USC Sec. 482(c).
  92. See Usery v. Teamsters, Local 639, 543 F.2d 369, 93 LRRM 2113 (D.C. Cir. 1976).
  93. See Donovan v. Teamsters, Local 299, 515 F.Supp. 1274, 108 LRRM 2897 (E.D. Mich. 1984).
  94. See Donovan v. Teachers, Local 6, 747 F.2d 711, 117 LRRM 2777 (D.C. Cir. 1984).
  95. 29 CFR Sec. 417.4(a). For the complete DOL regulations concerning the removal of union officers, as called for in 29 USC Sec. 481(i), see 29 CFR Sec. 417.1--25.
  96. 29 CFR Sec. 417.6.

Introduction
Union officers are required by the LMRDA to be elected. Title IV covers the election procedures and office terms for local, as well as, national, international and intermediate bodies. This title covers the nomination of candidates, who is eligible, how much notice is required, a member's voting rights, how the ballots will be counted and in what manner the results are reported. It covers administrative details -- records and ballet preservation. Title IV prohibits the use of dues or outside monetary sources in the election campaign and covers the removal of those officers guilty of serious misconduct. Title IV delves into how and when elections can be contested, what agency is responsible for investigating these charges and what happens in the interim. Rules are declared for what happens when an election is voided and what transpires when a rerun election is called for. It also covers the appeals process. Title IV also declares its preemption of certain laws in matters covering specific areas of the election process. Finally, it covers safeguards to insure fair elections, the distribution of campaign literature and the inspection of membership lists.

Definition of terms

Terms of office

Manner of election

Pre-election procedures

Campaign issues

The DOL regulations view this statement as placing two limitations on the use of union funds. The first is that money cannot be used to promote the candidacy of someone in the union where money was collected for any candidates in other unions.56 The second is that funds cannot be used to "issue statements" of candidates involved in an election.57

Thus, the candidates are not obligated to pay for the running of the election proper. unions are allowed to support debate over campaign issues if such debate is open to all candidates.65 As noted earlier, unions can spend money to distribute campaign literature, if done so equally.66

Post election administration procedures

Contesting the election

If either of the above situations have been met, the member has one month to file a complaint. The complaint's specificity has been the subject of much litigation. In Hodgson v. Steelworkers, Local 6799,77 the Supreme Court found that the DOL could not go beyond the complaint initiated by the union member. The Court also found that when a complaint covering one matter points to an almost certain violation in another related matter, the DOL can take action.78 Thus, when unrelated violations are found, the courts have determined that all available internal mechanisms have not been addressed. When violations are found investigating related matters, it must first be determined if the union had knowledge that the additional violations were a target of the DOL's complaint.

This section allows for the continuing functioning of the union pending the results of any DOL investigation or suit.

Updated 4/29/09