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 E—Candidacy for Office; Reasonable Qualifications

29 C.F.R. § 452.41

Working at the trade

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) It would ordinarily be reasonable for a union to require candidates to be employed at the trade or even to have been so employed for a reasonable period. In applying such a rule an unemployed member is considered to be working at the trade if he is actively seeking such employment. Such a requirement should not be so inflexible as to disqualify those members who are familiar with the trade but who because of illness, economic conditions, or other good reasons are temporarily not working.

(b) It would be unreasonable for a union to prevent a person from continuing his membership rights on the basis of failure to meet a qualification which the union itself arbitrarily prevents the member from satisfying. If a member is willing and able to pay his union dues to maintain his good standing and his right to run for office, it would be unreasonable for the union to refuse to accept such dues merely because the person is temporarily unemployed. Where a union constitution requires applicants for membership to be actively employed in the industry served by the union, a person who becomes a member would not be considered to forfeit his membership in the union or any of the attendant rights of membership merely because he is discharged or laid off.

(c) Ordinarily members working part-time at the trade may not for that reason alone be denied the right to run for office.

(d) A labor organization may postpone the right to run for office of members enrolled in a bona fide apprenticeship program until such members complete their apprenticeship.

Notes of Decisions
Cited in 4 cases, 1985–1997 · leading case: Bramble v. Am. Postal Workers Union, AFL-CIO, 963 F. Supp. 90 (D.R.I. 1997).
Sort: Relevance Newest Treatment
Bramble v. Am. Postal Workers Union, AFL-CIO, 963 F. Supp. 90 (D.R.I. 1997). · cites it 2× “1986) (upholding as not unreasonable the Secretary of Labor’s decision that the Labor-Management Reporting and Disclosure Act (“LMRDA”) permitted unions to exclude retired members from representation in union elections); 29 C.F.R. § 452.41 (a) (1995). 10 Cf. Reich v.”
Donovan v. Int'l Ass'n of MacHinists, Local Lodge 851, 622 F. Supp. 394 (N.D. Ill. 1985). “The constitution further specifically excludes laid off members from the candidacy eligibility requirement of “working at the trade” as is proper and consistent with the prohibition in the Interpretive Regulations, 29 C.F.R. § 452.41 , against forfeiting of a union member's…”
Creese v. Dole, 751 F. Supp. 1487 (D. Colo. 1990). “See 29 C.F.R. § 452.41 . The complainant was not employed at the trade for the entire year prior to nominations as required by Article V Section 4(b) of the Local Constitution.”
Brock v. Local 630 of the Int'l Bhd. of Teamsters, 662 F. Supp. 118 (C.D. Cal. 1987). “29 C.F.R. Section 452.41(a) (emphasis added.”
— 29 C.F.R. § 452.41(a) — 1 case
Brock v. Local 630 of the Int'l Bhd. of Teamsters, 662 F. Supp. 118 (C.D. Cal. 1987). “29 C.F.R. Section 452.41(a) (emphasis added.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.