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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 452.71 - Inspection of membership lists.
- Section Number: 452.71
- Section Name: Inspection of membership lists.
(a) Each bona fide candidate for office has a right, once within 30
days prior to any election in which he is a candidate, to inspect a list
containing the names and last known addresses of all members of the
labor organization who are subject to a collective bargaining agreement
requiring membership therein as a condition of employment. The right of
inspection does not include the right to copy the list but does include
the right to compare it with a personal list of members. It is the
intent of the Act that such membership lists be made available for
inspection at the candidates' option any time within the 30-day period.
The list is not required to be maintained continuously and may be
compiled immediately before each election. The form in which the list is
to be maintained is not specified by the Act. Thus, a card index system
may satisfy the requirements of the Act. The list may be organized
alphabetically or geographically, or by local in a national or
international labor organization.
(b) It is the duty of the labor organization and its officers to
refrain from discrimination in favor of or against any candidate with
respect to the use of lists of members. Thus, if a union permits any
candidate to use such lists in any way other than the right of
inspection granted by the Act, it must inform all candidates of the
availability of the list for that purpose and accord the same privilege
to all candidates who request it. Such privileges may include permitting
inspection of the list where members are not subject to a collective
bargaining agreement requiring membership as a condition of employment,
inspecting the list more than once, or copying the list.
[38 FR 18324, July 9, 1973, as amended at 50 FR 31311, Aug. 1, 1985]
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