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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 452.80 - Bona fide candidates.
- Section Number: 452.80
- Section Name: Bona fide candidates.
A person need not be formally nominated in order to be a bona fide
candidate entitled to exercise the rights mentioned in Secs. 452.67 and
452.71. \41\ Thus, any qualified member seeking to be nominated and
elected at a convention would be able to take advantage of the
distribution rights even before the convention meets and thus attempt to
influence members to select delegates favorable to his candidacy or to
persuade the delegates to support his candidacy. A union may reasonably
require that a person be nominated in
order to be elected, but may not prevent a member who actively seeks
office and is otherwise qualified from taking advantage of the campaign
safeguards in the Act in an effort to gain the support necessary to be
nominated.
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\41\ Yablonski v. United Mine Workers, 71 LRRM 2606, 60 L.C. 10,204
(D.D.C. 1969).
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