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. § 452.127

Proportionate representation

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When officers of a national, international or intermediate labor organization are elected at a convention of delegates who have been chosen by secret ballot, the structure of representation of the membership is a matter for the union to determine in accordance with its constitution and bylaws. There is no indication that Congress intended, in enacting title IV of the Act, to require representation in delegate bodies of labor organizations to reflect the proportionate number of members in each subordinate labor organization represented in such bodies. Questions of such proportionate representation are determined in accordance with the labor organization's constitution and bylaws insofar as they are not inconsistent with the election provisions of the Act. Congress did not attempt to specify the organizational structure or the system of representation which unions must adopt. However, all members must be represented; the union may not deny representation to locals below a certain size.

Notes of Decisions
Cited in 2 cases, 1983–1995 · leading case: United States v. Intern. Bhd. of Teamsters, Afl-Cio, 896 F. Supp. 1349 (S.D.N.Y. 1995).
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United States v. Intern. Bhd. of Teamsters, Afl-Cio, 896 F. Supp. 1349 (S.D.N.Y. 1995). “29 C.F.R. § 452.127 . Not only is the formula set forth in the IBT Constitution for allocating Convention delegates among Local Unions permitted by law, but it is also consistent with the goals of the Consent Decree.”
Sam Denov & Burl Lane v. Chicago Fed'n of Musicians, Local 10-208 & Am. Fed'n of Musicians of the United States & Canada, 703 F.2d 1034 (7th Cir. 1983). “There is no indication that Congress intended, in enacting Title IV of the Act, to require representation in delegate bodies of labor organizations to reflect the proportionate number of members in each subordinate labor organization represented in such bodies.”
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