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. § 452.120

Officers as delegates

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Officers of labor organizations who have been elected by secret ballot vote of their respective memberships may, by virtue of their election to office, serve as delegates to conventions at which officers will be elected, if the constitution and bylaws of the labor organization so provide. In such cases it is advisable to have a statement to this effect included on the ballots. Persons who have been appointed to serve unexpired terms of officers who are ex officio delegates to a convention at which officers will be elected may not vote for officers in such election.

Notes of Decisions
Cited in 4 cases, 1986–2016 · leading case: Murray v. Amalgamated Transit Union, 220 F. Supp. 3d 72 (D.D.C. 2016).
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Murray v. Amalgamated Transit Union, 220 F. Supp. 3d 72 (D.D.C. 2016). · cites it 2× “The Court, citing 29 C.F.R. § 452.120 , wrote that for Title IV to apply to a public-sector local union’s election of delegates to a mixed-parent umbrella convention, “the parent’s constitution must provide for the election of delegates ex officio.”
Teamsters for a Democratic Union v. Sec'y of Labor, 629 F. Supp. 665 (D.D.C. 1986). · cites it 6× “29 C.F.R. § 452.120 (1985). Thus, in the Secretary’s view the law does not require special elections for delegates to national conventions.”
C. Sam Theodus v. Ann McLaughlin Sec'y, 852 F.2d 1380 (D.C. Cir. 1988). · cites it 3× “29 C.F.R. § 452.120 . Appellants argue that the District Court improperly applied Chevron deference in this case.”
Murray v. Amalgamated Transit Union, No. 2014-0378 (D.D.C. Sept. 2, 2016). · cites it 2× “See 29 C.F.R. § 452.120 . Once again, the parties agree that Local 1300’s bylaws do just that – at least as they relate to the office of the President.”
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