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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 F  

Nominations for Office


29 CFR 452.56 - Notice.

  • Section Number: 452.56
  • Section Name: Notice.

    (a) To meet this requirement, the labor organization must give 
timely notice reasonably calculated to inform all members of the offices 
to be filled in the election as well as the time, place, and form for 
submitting nominations. Such notice should be distinguished from the 
notice of election, discussed in Sec. 452.99. Notice of nominations need 
not necessarily be given at least 15 days before nominations are held, 
nor is it required to be given by mail. In an election which is to be 
held by secret ballot, accordingly, notice of nominations may be given 
in any manner reasonably calculated to reach all members in good 
standing and in sufficient time to permit such members to nominate the 
candidates of their choice, so long as it is in accordance with the 
provisions of the labor organization's constitution or bylaws. Mailing 
such notice to the last known address of each member within a reasonable 
time prior to the date for making nominations would satisfy this 
requirement. Likewise, timely publication in the union newspaper with 
sufficient prominence to be seen by all members would be adequate 
notice. The method of making nominations, whether by mail, petition, or 
at meetings, could affect the determination of the timeliness of the 
notice. The nomination notice may be combined with the election notice 
if the requirements of both are met. Posting of a nomination notice may 
satisfy the requirement of a reasonable opportunity for making 
nominations if such posting is reasonably calculated to inform all 
members in good standing in sufficient time to permit such members to 
nominate the candidates of their choice.
    (b) The requirement of a reasonable opportunity for the nomination 
of candidates has been met only when the members of a labor organization 
are fully informed of the proper method of making such nominations.
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