(a) Upon receipt of an application filed under Sec. 417.3, the
Chief, DOE shall cause an investigation to be conducted of the
allegations contained therein, and if he finds probable cause to believe
that the constitution and bylaws of the labor organization do not
provide an adequate procedure for the removal of an elected officer(s)
guilty of serious misconduct he shall:
(1) Advise the labor organization of his findings and
(2) Afford such labor organization the opportunity for a conference
to be set not earlier than 10 days thereafter except where all
interested persons elect to confer at an earlier time. Any such
conference shall be conducted for the purpose of hearing the views of
interested persons and attempting to achieve a settlement of the issue
without formal proceedings.
(b)(1) If:
(i) The labor organization declines the opportunity to confer
afforded under paragraph (a) of this section, and fails to undertake
compliance with the provisions of section 401(h) of the Act, or if
(ii) After consideration of any views presented by the labor
organization the Chief, DOE still finds probable cause to believe that
the removal procedures are not adequate and if agreement for the
adoption of adequate procedures for removal has not been achieved and
the labor organization refuses to enter into a stipulation to comply
with the provisions of section 401(h) of the Act, the Chief, DOE shall
submit his findings
and recommendations to the Assistant Secretary.
(2) Upon consideration of the Chief, DOE's recommendations, the
Assistant Secretary may order a hearing to be conducted before an
Administrative Law Judge duly assigned by him to receive evidence and
arguments (i) on the applicability of section 401(h) of the Act to the
labor organization involved, and (ii) on the question of whether its
constitution and bylaws provide an adequate procedure for the removal of
an elected union officer guilty of serious misconduct.
[29 FR 8264, July 1, 1964, as amended at 50 FR 31310, Aug. 1, 1985; 62
FR 6093, Feb. 10, 1997]
