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 J—Special Enforcement Provisions
(a) Any member of a labor organization may file a complaint with the Office of Labor-Management Standards alleging that there have been violations of requirements of the Act concerning the election of officers, delegates, and representatives (including violations of election provisions of the organization's constitution and bylaws that are not inconsistent with the Act.).
57 The complaint may not be filed until one of the two following conditions has been met: (1) The member must have exhausted the remedies available to him under the constitution and bylaws of the organization and its parent body, or (2) he must have invoked such remedies without obtaining a final decision within three calendar months after invoking them.
57 Act, sec. 402(a).
(b) If the member obtains an unfavorable final decision within three calendar months after invoking his available remedies, he must file his complaint within one calendar month after obtaining the decision. If he has not obtained a final decision within three calendar months, he has the option of filing his complaint or of waiting until he has exhausted the available remedies within the organization. In the latter case, if the final decision is ultimately unfavorable, he will have one month in which to file his complaint.
Notes of Decisions
Thomas Perez v. Postal Police Officers Ass'n, 736 F.3d 736 (6th Cir. 2013).
· cites it 2× “” 29 C.F.R. § 452.135 (b). The rule also interprets the limitations period of § 402(a) to run from the later of the two dates of exhaustion.”
Corner v. United States Dep't of Labor, 219 F. App'x 492 (7th Cir. 2007).
· cites it 2× “§ 482 (a); 29 C.F.R. § 452.135 . In her grievance letter Corner alleged that (1) the final vote totals were inaccurate, and she cited the discrepancy between Honest Ballot’s count and her observers’ count; (2) ballot tampering had likely occurred; (3) the union’s voter…”
Herman v. Local 305, Nat'l Postal Mail Handlers Union, 44 F. Supp. 2d 771 (E.D. Va. 1999).
“Alternatively, the Secretary argues that, if the Court treats the National President’s decision as final, the one calendar month filing period under 29 C.F.R. § 452.135 (b), (which the Court has assumed arguendo is valid), runs not from the date of the decision, May 13, 1998,…”
Martin v. Local 480, Int'l Bhd. of Teamsters, 946 F.2d 457 (6th Cir. 1991).
“If he has not obtained a final decision within three calendar months, he has the option of filing his complaint or of waiting until he has exhausted the available remedies within the organization.”
Murray v. Amalgamated Transit Union (D.D.C. 2016).
“alleging that there have been violations of requirements of the Act concerning the election of officers, delegates, and representatives . . . .”). “Any member,” of course, includes Queen, who could have lodged a complaint with the Secretary after receiving either the ATU’s…”
Herman v. Local 305, Nat'l Pst (4th Cir. 2000).
· cites it 2× “The Secretary's interpretation of § 482(a) is contained in 29 C.F.R. § 452.135 . That section of the Code of Federal Regulations states: (a) Any member of a labor organization may file a com- plaint with the Office of Labor-Management Standards alleging that there have been…”
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