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. § 452.123

Elections of intermediate body officers

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Section 401(d) states that officers of intermediate bodies shall be elected either by secret ballot among the members in good standing or by labor organization officers representative of such members who have been elected by secret ballot. The phrase “officers representative of such members” includes delegates who have been elected by secret ballot to represent labor organizations in intermediate bodies. Such delegates may therefore participate in the election of officers of intermediate bodies regardless of whether they are characterized as officers of the labor organization they represent.

Notes of Decisions
Cited in 2 cases, 1988–1996 · leading case: C. Sam Theodus v. Ann McLaughlin Sec'y, U.S. Dep't of Labor, 852 F.2d 1380 (D.C. Cir. 1988).
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C. Sam Theodus v. Ann McLaughlin Sec'y, U.S. Dep't of Labor, 852 F.2d 1380 (D.C. Cir. 1988). “The phrase "officers representative of such members” includes delegates who have been elected by secret ballot to represent labor organizations in intermediate bodies.”
Talley v. Feldman, 941 F. Supp. 501 (E.D. Pa. 1996). “29 C.F.R. § 452.123 (1995). 12 . Section 401(e) provides in relevant part that: In any election required by this section which is to be held by secret ballot a reasonable opportunity shall be given for the nomination of candidates and every member in good standing shall be…”
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