29 C.F.R. § 452.56

Notice

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(a) To meet this requirement, the labor organization must give timely notice reasonably calculated to inform all members of the offices to be filled in the election as well as the time, place, and form for submitting nominations. Such notice should be distinguished from the notice of election, discussed in § 452.99. Notice of nominations need not necessarily be given at least 15 days before nominations are held, nor is it required to be given by mail. In an election which is to be held by secret ballot, accordingly, notice of nominations may be given in any manner reasonably calculated to reach all members in good standing and in sufficient time to permit such members to nominate the candidates of their choice, so long as it is in accordance with the provisions of the labor organization's constitution or bylaws. Mailing such notice to the last known address of each member within a reasonable time prior to the date for making nominations would satisfy this requirement. Likewise, timely publication in the union newspaper with sufficient prominence to be seen by all members would be adequate notice. The method of making nominations, whether by mail, petition, or at meetings, could affect the determination of the timeliness of the notice. The nomination notice may be combined with the election notice if the requirements of both are met. Posting of a nomination notice may satisfy the requirement of a reasonable opportunity for making nominations if such posting is reasonably calculated to inform all members in good standing in sufficient time to permit such members to nominate the candidates of their choice.

(b) The requirement of a reasonable opportunity for the nomination of candidates has been met only when the members of a labor organization are fully informed of the proper method of making such nominations.

Notes of Decisions

Cited in 4 cases, 1985–2001 · leading case: Donovan v. Int'l Ass'n of MacHinists, Local Lodge 851, 622 F. Supp. 394 (N.D. Ill. 1985).

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Donovan v. Int'l Ass'n of MacHinists, Local Lodge 851, 622 F. Supp. 394 (N.D. Ill. 1985). · cites it 2× “56(a) of the Interpretive Regulations, 29 C.F.R. § 452.56 (a), requires that a nominations notice at a minimum be “reasonably calculated to inform all members” of the meeting, and Local 851 cannot claim and does not claim that all of its laid off members appeared at its union…”

Brock v. Int'l Union, United Auto., Aerospace, & Agric. Implement Workers, 682 F. Supp. 1415 (E.D. Mich. 1988). “29 C.F. R. section 452.56(a). These requirements were not met by Local 514’s nomination meeting notice.”

Herman v. New York Metro Area Postal Union, 30 F. Supp. 2d 636 (S.D.N.Y. 1998). “While the two texts were available before the meeting to inquiring members, making information available in union texts and at the union office is insufficient provision of that information.”

Herman v. Local 50, Serv. Employees Intern. Union, 211 F. Supp. 2d 1111 (E.D. Mo. 2001). · cites it 3× “29 C.F.R. § 452.56 (a). The regulations further provide that: The requirement of a reasonable opportunity for the nomination of candidates has been met only when the members of a labor organization are fully informed of the proper method of making such nominations.”

— 29 C.F.R. § 452.56(a) — 1 case

— 29 C.F.R. § 452.56(b) — 1 case

Herman v. Local 50, Serv. Employees Intern. Union, 211 F. Supp. 2d 1111 (E.D. Mo. 2001). “29 C.F.R. § 452.56 (a). The regulations further provide that: The requirement of a reasonable opportunity for the nomination of candidates has been met only when the members of a labor organization are fully informed of the proper method of making such nominations.”

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