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Content Last Revised: 7/9/73
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter IV  

Office of Labor-Management Standards, Department of Labor

 

 

Part 452  

General Statement Concerning the Election Provisions of the Labor-Management Reporting and Disclosure Act of 1959

 

 

 

Subpart E  

Candidacy for Office; Reasonable Qualifications


29 CFR 452.53 - Application of qualifications for office.

  • Section Number: 452.53
  • Section Name: Application of qualifications for office.

    Qualifications for office which may seem reasonable on their face 
may not be proper if they are applied in an unreasonable manner or if 
they are not applied in a uniform way. An essential element of 
reasonableness is adequate advance notice to the membership of the 
precise terms of the requirement. A qualification which is not part of 
the constitution and bylaws or other duly enacted rules of the 
organization may not be the basis for denial of the right to run for 
office, unless required by Federal or State law. \32\ Qualifications 
must be specific and objective. They must contain specific standards of 
eligibility by which any member can determine in advance whether or not 
he is qualified to be a candidate. For example, a constitutional 
provision which states that ``a candidate shall not be eligible to run 
for office who intends to use his office as a cloak to effect purposes 
inimical to the scope and policies of the union'' would not be a 
reasonable qualification within the meaning of section 401(e) because it 
is so general as to preclude a candidate from ascertaining whether he is 
eligible and would permit determinations of eligibility based on 
subjective judgments. Further, such a requirement is by its nature not 
capable of being uniformly imposed as required by section 401(e).
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    \32\ Wirtz v. Local Union 559, United Brotherhood of Carpenters and 
Joiners of America, 61 LRRM 2618, 53 L.C. para.11.044 (W.D. Ky. 1966); 
Hodgson v. Longshoremen's Local 1655 New Orleans Dray Clerks, 79 LRRM 
2893, 67 L.C. para.12,466 (E.D. La. January 5, 1972).
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