The prescribed maximum period of three, four, or five years is
measured from the date of the last election. \20\ It would not be
consistent with these provisions of the Act for officers elected for the
maximum terms allowable under the statute to remain in office after the
expiration of their terms without a new election. Failure to hold an
election for any office after the statutory period has expired
constitutes a continuing violation of the Act, which may be brought to
the attention of the Secretary in the form of a complaint filed in
accordance with the appropriate procedure. Title IV establishes only
maximum time intervals between elections for officers. Labor
organizations covered by these provisions may hold elections of officers
with greater frequency than the specified maximum period. For example, a
local labor organization is required to hold an election of officers at
least once every three years, but it must hold an election every year if
its governing rules so provide. It should be noted, moreover, that the
provisions of title IV apply to all regular elections of officers in
labor organizations subject to the Act. Thus, if a labor organization
chooses to hold elections of officers more frequently than the statutory
maximum intervals, it must observe the minimum standards set forth in
title IV for the conduct of such elections.
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\20\ See Sec. 452.14 for a discussion of the selection of officers
in a new or newly-merged labor organization.
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