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. § 452.22

Delegates to a convention

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Under certain circumstances, delegates to a convention of a national or international labor organization, or to an intermediate body, must be elected by secret ballot among the members in good standing of the labor organization they represent even though such delegates are not “officers” of the organization. Such election is required by the Act 19 when the delegates are to nominate or elect officers of a national or international labor organization, or of an intermediate body. There is, of course, no requirement that delegates be elected in accordance with the provisions of title IV if they do not nominate or elect officers, unless delegates are designated as “officers” in the union's constitution and bylaws or unless, by virtue of their position, they serve as members of the executive board or similar governing body of the union.

19 Act, sec. 401(a) and 401(d) (29 U.S.C. 481).

Notes of Decisions
Cited in 5 cases, 1981–2001 · leading case: Chao v. Amalgamated Transit Union, Afl-cio, Clc, 141 F. Supp. 2d 13 (D.D.C. 2001).
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Chao v. Amalgamated Transit Union, Afl-cio, Clc, 141 F. Supp. 2d 13 (D.D.C. 2001). “See 29 C.F.R. § 452.22 . Cf. Donovan v. District Council 85, Int’l Bhd.”
Brock v. Int'l Union, United Auto., Aerospace, & Agric. Implement Workers, 682 F. Supp. 1415 (E.D. Mich. 1988). “See 29 C.F.R. section 452.22. 18 While it could be true that delegates are “officials” of a local in some sense, they are not officers under the LMRDA.”
Marshall v. Local Lodge, 1784, Int'l Ass'n of Machinists & Aerospace Workers, 509 F. Supp. 90 (D. Maryland 1981). “See 29 C.F.R. § 452.22 (1980). Accordingly, the court holds that the position of delegate to District Lodge No.”
United States v. Int'l Union of Petroleum & Indus. Workers, 870 F.2d 1450 (9th Cir. 1989). “§ 402 (n); 29 C.F. R. § 452.22. Local delegate election records must be preserved, but the Act does not state whether the officers of the local or of the International have the right or responsibility to do so, in the absence of an express provision in the union constitution or…”
Talley v. Feldman, 941 F. Supp. 501 (E.D. Pa. 1996). “See also 29 C.F.R. § 452.22 (delegates who elect intermediate body officers must be elected by secret ballot, even if they are not “officers” of the labor organization) and 29 C.”
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