C.F.R. » Title 29 » CHAPTER IV—OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR › SUBCHAPTER A—LABOR-MANAGEMENT STANDARDS › PART 452—GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959 › Subpart I—Election Procedures; Rights of Members

29 C.F.R. § 452.100

Use of union newspaper as notice

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A labor organization may comply with the election notice requirement by publishing the notice in the organization's newspaper which is mailed to the last known home address of each member not less than fifteen days prior to the election. Where this procedure is used (a) the notice should be conspicuously placed on the front page of the newspaper, or the front page should have a conspicuous reference to the inside page where the notice appears, so that the inclusion of the election notice in a particular issue is readily apparent to each member; (b) the notice should clearly identify the particular labor organization holding the election; (c) the notice should specify the time and place of the election and the offices to be filled; and (d) a reasonable effort must be made to keep the mailing list of the publication current.

Notes of Decisions
Cited in 5 cases, 1993–2018 · leading case: Chao v. Local 54, Hotel Employees & Restaurant Employees Int'l Union, 166 F. Supp. 2d 109 (D.N.J. 2001).
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Chao v. Local 54, Hotel Employees & Restaurant Employees Int'l Union, 166 F. Supp. 2d 109 (D.N.J. 2001). · cites it 2× “29 C.F.R. § 452.100 (d). In addition, the Secretary similarly claims that defendant Local 54 denied members in good standing the right to vote guaranteed by Section 401(e) by failing to take the reasonable steps necessary to insure that all members eligible to vote were sent…”
Chao v. Local 538 of the United Food & Com. Workers Int'l Union, 307 F. Supp. 2d 1027 (W.D. Wis. 2004). · cites it 3× “29 C.F.R. § 452.100 . Where an organization relies on its newspaper to provide notice, however, § 452.”
Reich v. Dist. Lodge 720, Int'l Ass'n of Machinists & Aerospace Workers, 11 F.3d 1496 (9th Cir. 1993). · cites it 2× “29 C.F.R. § 452.100 . The regulation requires that “a reasonable effort must be made to keep the mailing list of the publication current.”
Reich v. Dist. Lodge 720, 11 F.3d 1496 (9th Cir. 1993). “Furthermore, the union is incorrect that the reasonableness of its efforts to maintain correct addresses falls outside the union members' original internal protests, which alleged that all members were not mailed election notices in violation of the LMRDA.”
Corner v. Acosta (N.D. Ill. 2018). · cites it 2× “In response, the Secretary cites regulation 29 C.F.R. § 452.100 , which provides that the notice requirement may be satisfied by publishing notice of an election in the organization’s newspaper and mailing it to all member’s last known address at least fifteen days prior to the…”
— 29 C.F.R. § 452.100(d) — 2 cases
Reich v. Dist. Lodge 720, 11 F.3d 1496 (9th Cir. 1993). “Furthermore, the union is incorrect that the reasonableness of its efforts to maintain correct addresses falls outside the union members' original internal protests, which alleged that all members were not mailed election notices in violation of the LMRDA.”
Reich v. Dist. Lodge 720, Int'l Ass'n of Machinists & Aerospace Workers, 11 F.3d 1496 (9th Cir. 1993). “29 C.F.R. § 452.100 . The regulation requires that “a reasonable effort must be made to keep the mailing list of the publication current.”
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