(a) Section 404 states when the election provisions of the Act
become applicable.\58\ In the case of labor organizations whose
constitution and bylaws can be lawfully modified or amended by action of
the organization's ``constitutional officers or governing body,'' the
election provisions become applicable 90 days after the enactment of the
statute (December 14, 1959). Where the modification of the constitution
and bylaws of a local labor organization requires action by the
membership at a general meeting or by referendum, the general membership
would be a ``governing body'' within the meaning of this provision. In
the cases where any necessary modification of the constitution and
bylaws can be made only by a constitutional convention of the labor
organization, the election provisions become applicable not later than
the next constitutional convention after the enactment of the statute,
or one year after the enactment of the statute, whichever is sooner.
---------------------------------------------------------------------------
\58\ Act, sec. 404.
---------------------------------------------------------------------------
(b) The statute does not require the calling of a special
constitutional convention to make such modifications. However, if no
convention is held within the one-year period, the executive board or
similar governing body that has the power to act for the labor
organization between conventions is empowered by the statute to make
such interim constitutional changes as are necessary to carry out the
provisions of title IV of the Act. Any election held thereafter would
have to comply with the requirements of the Act.
