29 C.F.R. § 452.3
Interpretations of constitution and bylaws
The interpretation consistently placed on a union's constitution by the responsible union official or governing body will be accepted unless the interpretation is clearly unreasonable.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1974–2022 · leading case: Edna Howard v. Herby Weathers, Jr. & Am. Postal Workers Union, Chicago Local, 139 F.3d 553 (7th Cir. 1998).
Edna Howard v. Herby Weathers, Jr. & Am. Postal Workers Union, Chicago Local, 139 F.3d 553 (7th Cir. 1998). “1984); 29 C.F.R. § 452.3 , though for a reason different from the one that counsels flexible interpretation of the limitations that the Constitution places on legislative action: not the difficulty of amending the Constitution, McCulloch v.”
Creese v. Dole, 776 F. Supp. 1474 (D. Colo. 1991). “2d 135 (1972); 29 C.F.R. § 452.3 . Moreover, the facts contained in the supplemental statement of reasons demonstrate that the Secretary’s determination concerning the reasonableness of Creese’s disqualification is not “so irrational as to constitute the decision arbitrary and…”
Brennan v. Employees Indep. Ass'n-Pennsylvania Power & Light Co., 381 F. Supp. 23 (M.D. Penn. 1974). “Plaintiff concedes that the standard utilized in judicial review of an interpretation given by a union to its constitution is that an interpretation will be accepted unless that interpretation is clearly unreasonable.”
Reich v. Int'l All. of Theatrical Stage Employees & Moving Picture Mach. Operators, 32 F.3d 512 (11th Cir. 1994). “1983); see also 29 C.F.R. § 452.3 (1993) ("The interpretation consistently placed on a union’s constitution by the responsible union official or governing body will be accepted unless the interpretation is clearly unreasonable.”
Creese v. Dole, 751 F. Supp. 1487 (D. Colo. 1990). “See 29 C.F.R. § 452.3 . (Interpretation consistently placed on a union’s constitution will be accepted unless it is clearly unreasonable.”
Local Union 575 of the United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus. v. United Ass'n of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus., 995 F. Supp. 1151 (D. Colo. 1998). “29 C.F.R. Section 452.3 (“interpretation consistently placed on a union’s constitution by the responsible union official or governing body will be accepted unless the interpretation is clearly unreasonable.”
United States v. Int'l Union, United Auto., Aerospace, & Agric. Implement Workers of Am. (E.D. Mich. 2022). “5, 2016) (quoting 29 C.F.R. § 452.3 ). As the First Circuit put it: “Conscious of the value of non-interference, we align ourselves squarely with those courts that have said judges should refrain from second-guessing labor organizations in respect to plausible interpretations of…”
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