skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital ImageryŠ copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised: 8/1/85
---DISCLAIMER---

CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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 K  

Dates and Scope of Application


29 CFR 452.138 - Application of other laws.

  • Section Number: 452.138
  • Section Name: Application of other laws.

    (a) Section 403 \59\ provides that no labor organization shall be 
required by law to conduct elections of officers with greater frequency 
or in a different form or manner than is required by its own 
constitution or bylaws, except as otherwise provided by the election 
provisions of the Act.
---------------------------------------------------------------------------

    \59\ Act, sec. 403.
---------------------------------------------------------------------------

    (b) The remedy \60\ provided in the Act for challenging an election 
already conducted is exclusive.\61\ However, existing rights and 
remedies to enforce the constitutions and bylaws of such organizations 
before an election has been held are unaffected by the election 
provisions. Section 603 \62\ which applies to the entire Act, states 
that except where explicitly provided to the contrary, nothing in the 
Act shall take away any right or bar any remedy of any union member 
under other Federal law or law of any State.
---------------------------------------------------------------------------

    \60\ Act, sec. 402.
    \61\ Act, sec. 403. See Daily Cong. Rec. 86th Cong., 1st sess., p. 
9115, June 8, 1959, pp. 13017 and 13090, July 27, 1959. H. Rept. No. 
741, p. 17; S. Rept. No. 187, pp. 21-22, 101, 104. Hearings, House Comm. 
on Education and Labor, 86th Cong., 1st sess., pt. 1, p. 1611. See also 
Furniture Store Drivers Local 82 v. Crowley, 104 S.Ct. 2557 (1984).
    \62\ Act, sec. 603.
---------------------------------------------------------------------------

[38 FR 18324, July 9, 1973, as amended at 50 FR 31311, Aug. 1, 1985]
Previous Section



Phone Numbers