C.F.R. » Title 29 » CHAPTER IV—OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR › SUBCHAPTER A—LABOR-MANAGEMENT STANDARDS › PART 417—PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS

29 C.F.R. § 417.1

Purpose and scope

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Section 401(h) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481) provides that if, upon application of any member of a local labor organization, the Secretary of Labor finds, after hearing in accordance with the Administrative Procedure Act, that the constitution and bylaws of such labor organization do not provide an adequate procedure for the removal of an elected officer guilty of serious misconduct, such officer may be removed for cause shown and after notice and hearing, by the members in good standing voting in a secret ballot. Section 401(i) (29 U.S.C. 481) requires the Secretary to promulgate rules and regulations prescribing minimum standards and procedures for determining the adequacy of the removal procedures referred to in section 401(h). Section 402(a) (29 U.S.C. 482) provides that a member of a labor organization who has exhausted the available internal remedies of such organization and of any parent body, or who has invoked such remedies without obtaining a final decision within three months, may file a complaint with the Secretary within one month thereafter alleging violation of section 401 (including violation of the constitution and bylaws of the labor organization pertaining to the removal of officers). Section 402(b) (29 U.S.C. 482) provides that upon suit initiated by the Secretary, a Federal court may direct the conduct of a hearing and vote upon the removal of officers under the supervision of the Secretary, and in accordance with such rules and regulations as the Secretary may prescribe. It is the purpose of this part to implement those sections by prescribing regulations relating to the procedures and standards for determining the adequacy of removal procedures and the procedures for holding elections for the removal of officers.

Notes of Decisions
Cited in 3 cases, 1985–1992 · leading case: Ble Int'l Reform Comm., Sec'y of Labor, Intervenor v. John F. Sytsma, 802 F.2d 180 (6th Cir. 1986).
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Ble Int'l Reform Comm., Sec'y of Labor, Intervenor v. John F. Sytsma, 802 F.2d 180 (6th Cir. 1986). · cites it 2× “See 29 C.F.R. § 417.1 -.25. Deference should be paid to the “Secretary’s interpretation of the statute ‘unless there are compelling indications that it is wrong.”
Small v. Dep't of Labor, 796 F. Supp. 1089 (S.D. Ohio 1992). “The Secretary determined from her reading of the applicable statutes and regulations that the only remedy available to the federal district court in this matter would be to order a hearing and a vote on the removal of Rothert.”
Small v. Int'l Bhd. of Elec. Workers, 626 F. Supp. 96 (S.D. Ohio 1985). “In fact, under authority of § 402 the Secretary has promulgated regulations dealing with the procedure for removal of officers, 29 C.F.R. §§ 417.1 -.2 (1985), as well as election requirements, 29 C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.