29 C.F.R. § 452.48
Employees of union
A labor organization may in its constitution and bylaws prohibit members who are also its full-time non-elective employees from being candidates for union office, because of the potential conflict of interest arising from the employment relationship which could be detrimental to the union as an institution.
Notes of Decisions
Cited in 3
cases, 1987–1990 · leading case: Brock v. Int'l Union, United Auto., Aerospace, & Agric. Implement Workers, 682 F. Supp. 1415 (E.D. Mich. 1988).
Brock v. Int'l Union, United Auto., Aerospace, & Agric. Implement Workers, 682 F. Supp. 1415 (E.D. Mich. 1988). “29 C.F. R. section 452.48. On the basis of the above factors, the Court concludes that the 90-day rule is a reasonable restriction on candidacy if, as indicated in 29 C.”
Jerry Tucker v. Owen Bieber, Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am., Uaw, 900 F.2d 973 (6th Cir. 1990). “29 C.F.R. § 452.48 (1989). We also note that the UAW adopted the ninety-day rule to promote democratic competition within the union’s structure by assuring appointed staff members that they can retain their appointed staff positions if they fail to be elected to office.”
Brock v. Local 1130, Laborers' Int'l Union, 736 F. Supp. 1566 (E.D. Cal. 1987). “In support, the unions cite 29 C.F.R. § 452.48 , a regulation promulgated by the Secretary of Labor: A labor organization may in its constitution and bylaws prohibit members who are also its full-time non-elected employees from being candidates for union office, because of the…”
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