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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 452.79 - Opportunity to campaign.
- Section Number: 452.79
- Section Name: Opportunity to campaign.
There must be a reasonable period prior to the election during which
office-seekers and their supporters may engage in the campaigning that
the Act contemplates and guarantees. What is a reasonable period of time
would depend upon the circumstances, including the method of nomination
and the size of the union holding the election, both in terms of the
number of members and the geographic area in which it operates. For
example, a candidate for office in a local labor organization was
improperly disqualified and then appealed to the international union
which directed that his name be placed on the ballot. A complaint was
considered properly filed alleging election violations because the
candidate's name was restored to the ballot two days prior to the
election so that he was denied an equal opportunity to campaign.
Similarly, in a mail ballot election a union's delay in the distribution
of campaign literature until after the ballots have been distributed and
some have been cast would not satisfy the requirement to distribute such
literature in compliance with a reasonable request. \40\ Such a delay
would deny the candidate a reasonable opportunity to campaign prior to
the election and would thus not meet the requirement for adequate
safeguards to insure a fair election. Where access to the convention
floor is limited exclusively to delegates at a convention at which
officers are to be elected, there must, nevertheless, be equal
opportunity for all nominees to campaign. Thus, if the privilege of
addressing the convention is accorded to any of the nominees, it must be
accorded to all nominees who request it, whether they are delegates or
not.
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\40\ Wirtz v. American Guild of Variety Artists, 267 F. Supp. 527
(S.D.N.Y. 1967).
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