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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 H  

Right to Vote


29 CFR 452.94 - Reasonable opportunity to vote.

  • Section Number: 452.94
  • Section Name: Reasonable opportunity to vote.

    The statutory protection of the right to vote implies that there 
must be a reasonable opportunity to vote. Thus, there is an obligation 
on the labor organization to conduct its periodic election of officers 
in such a way as to afford all its members a reasonable opportunity to 
cast ballots. A union may meet this obligation in a variety of ways, 
depending on factors such as the distance between the members' work site 
or homes and the polling place, the means of transportation available, 
the nature of the members' occupations, and their hours of work. A 
reasonable opportunity to vote may require establishing multiple polling 
places or the
use of a mail ballot referendum when the members are widely dispersed. 
It would also be reasonable for the time period for voting to be 
extended to accommodate members who might otherwise be prevented from 
voting due to conflicting work schedules. Shortening the voting period 
by a late opening of the polls would not, in itself, be improper unless 
the intent or practical effect of such action is to deprive members of 
their right to vote.
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