29 C.F.R. § 452.50
Disqualification as a result of disciplinary action
Section 401(e) was not intended to limit the right of a labor organization to take disciplinary action against members guilty of misconduct. So long as such action is conducted in accordance with section 101(a)(5), a union may, for example, if its constitution and bylaws so provide, bar from office for a period of time any member who is guilty of specific acts, such as strikebreaking, detrimental to the union as an institution. However, if a union has improperly disciplined a member and barred him from candidacy, the Secretary may, in an appropriate case, treat him as a member in good standing entitled to all of the rights of members guaranteed by title IV.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1983–2021 · leading case: Donovan v. United Counties Carpenters Dist. Council, 561 F. Supp. 791 (N.D. Ohio 1983).
Donovan v. United Counties Carpenters Dist. Council, 561 F. Supp. 791 (N.D. Ohio 1983). “The court’s belief is supported by 29 C.F.R. § 452.50 : Section 401(e) [ 29 U.”
Scalia v. Local 933, New Haven Fed'n of Teachers (D. Conn. 2021). “” 29 C.F.R. § 452.50 . In other words, every union member must be afforded the opportunity to run for union office unless he or she runs afoul of narrowly drawn, uniformly imposed and reasonable regulations, or has been guilty of misconduct and subjected to the disciplinary…”
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