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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Office of Labor-Management Standards, Department of Labor |
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| General Statement Concerning the Election Provisions of the Labor-Management Reporting and Disclosure Act of 1959 |
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| Campaign Safeguards |
29 CFR 452.70 - Contents of literature.
- Section Number: 452.70
- Section Name: Contents of literature.
The Act does not and unions may not regulate the contents of
campaign literature which candidates may wish to have distributed by the
union. This is left to the discretion of each candidate. The labor
organization may not require that it be permitted to read a copy of the
literature before it is sent out, nor may it censor the statements of
the candidates in any way, even though the statement may include
derogatory remarks about other candidates. Furthermore, a union's
contention that mailing of certain campaign literature may constitute
libel for which it may be sued has been held not to justify its refusal
to distribute the literature, since the union is under a statutory duty
to distribute the material. \37\
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\37\ See Philo v. Stellato, (E.D. Mich. Civil No. 21244, May 24,
1961); Ansley v. Fulco, (Calif. Ct. of Appeal, First App. District, Div.
Three, 1 Civil No. 29483, May 31, 1972).
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