(a) In addition to the election safeguards discussed in this part,
the Act contains a general mandate in section 401(c), that adequate
safeguards to insure a fair election shall be provided. Such safeguards
are not required to be included in the union's constitution and bylaws,
but they must be observed. A labor organization's wide range of
discretion regarding the conduct of elections is thus circumscribed by a
general rule of fairness. For example, if one candidate is permitted to
have his nickname appear on the ballot, his opponent should enjoy the
same privilege.
(b) A union's failure to provide voters with adequate instructions
for properly casting their ballots may violate the requirement of
adequate safeguards to insure a fair election.
