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 A—General Considerations

29 C.F.R. § 452.5

Effect of violation on outcome

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Since the remedy under section 402 is contingent upon a finding by the court, among other things, that the violation “may have affected the outcome of an election” 5 the Secretary as a matter of policy will not file suit to enforce the election provisions unless the violations found are such that the outcome may have been affected. 6

5 Act, sec. 402(b) (29 U.S.C. 482).

6Dunlop v. Bachowski, 421 U.S. 560, 570 (1975), citing Wirtz v. Glass Bottle Blowers, 389 U.S. 463, 472 (1968) and Schonfeld v. Wirtz, 285 F. Supp. 705, 707-708 (S.D.N.Y. 1966).

[38 FR 18324, July 9, 1973, as amended at 50 FR 31310, Aug. 1, 1985; 63 FR 33780, June 19, 1998]
Notes of Decisions
Cited in 4 cases, 1981–2013 · leading case: Patrick Ellis v. Elaine L. Chao, Sec'y, United States Dep't of Labor, 336 F.3d 114 (2d Cir. 2003).
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Patrick Ellis v. Elaine L. Chao, Sec'y, United States Dep't of Labor, 336 F.3d 114 (2d Cir. 2003). · cites it 2× “This interpretation is also consistent with the Secretary’s own regulation, 29 C.F.R. § 452.5 , which states that “[sjince the remedy under section 402 [of the LMRDA] is contingent upon a finding by the court .”
Ray Marshall, Sec'y of Labor, United States Dep't of Labor v. Local 1010, United Steelworkers of Am., Afl-Cio, Clc, 664 F.2d 144 (7th Cir. 1981). “29 C.F.R. § 452.5 . Also, although the statute states that the Secretary “shall” file suit within sixty days of receiving a complaint, the Secretary has interpreted the law so as to give himself discretion to extend by agreement with the union the time for filing suit.”
Crowley v. Local No. 82, Furniture & Piano Moving, Furniture Store Drivers, Helpers, Warehousemen, & Packers, 679 F.2d 978 (1st Cir. 1982). “§ 482(c)(2); see 29 C.F.R. § 452.5 . This test is mathematical: the Secretary of Labor will litigate under Title IV only if the number of affected ballots would have changed the outcome of the election.”
Brennan v. Solis, 934 F. Supp. 2d 297 (D.D.C. 2013). “If the Court finds that there was a violation of Section 401 of the LMRDA that “may have affected the outcome of an election, the court shall declare the election .”
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