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 C—Coverage of Election Provisions

29 C.F.R. § 452.16

Offices which must be filled by election

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Section 401 of the Act identifies the types of labor organizations whose officers must be elected and prescribes minimum standards and procedures for the conduct of such elections. Under that section officers of national or international labor organizations (except federations of such organizations), local labor organizations, and intermediate bodies such as general committees, system boards, joint boards, joint councils, conferences, certain districts, district councils and similar organizations must be elected. 16

16 See § 452.23 for a discussion of the frequency with which the different types of labor organizations must conduct elections of officers. See part 451 of this chapter for the scope of the term “labor organization.”

Notes of Decisions
Cited in 4 cases, 1966–1979 · leading case: James D. Hodgson, Sec'y of Labor v. Lodge 851, Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio, 454 F.2d 545 (7th Cir. 1972).
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James D. Hodgson, Sec'y of Labor v. Lodge 851, Int'l Ass'n of MacHinists & Aerospace Workers, Afl-Cio, 454 F.2d 545 (7th Cir. 1972). · cites it 2× “” 29 C.F.R. § 452.16 (a). (Emphasis added.) In view of the inconsistencies between the Secretary’s pronouncement and his practice, I am not sure what weight, in this instance, should be accorded the regulation.”
Sadlowski v. Marshall, 464 F. Supp. 858 (D.D.C. 1979). “29 C.F.R. § 452.16 (b) (1978) states: Violations of the election provisions of the Act which occurred in the conduct of elections held within the prescribed time are not grounds for setting aside an election unless they “may have affected the outcome.”
Schonfeld v. Wirtz, 258 F. Supp. 705 (S.D.N.Y. 1966). “” Nevertheless, the Secretary refused to sue, in reliance upon one of his regulations, 29 C.F.R. § 452.16 , which provides that the Secretary will not sue “unless he finds probable cause to believe that they [the violations] ‘may have affected the outcome of an election’.”
Roy Howard & Eugene Lindsay v. James D. Hodgson, Sec'y of Labor, 490 F.2d 1194 (8th Cir. 1974). “” 29 C.F.R. § 452.16 (b) (1963). This regulation is consistent with the legislative history of the Act.”
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