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 G—Campaign Safeguards

29 C.F.R. § 452.67

Distribution of campaign literature

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The Act imposes the duty on the union and its officers to comply with all reasonable requests of any candidate to distribute his campaign literature to the membership at his expense. When the organization or its officers authorize distribution of campaign literature on behalf of any candidate, similar distribution under the same conditions must be made for any other candidate, if he requests it. In order to avoid charges of disparity of treatment among candidates, it is advised that a union inform all candidates in advance of the conditions under which distribution will be made and promptly advise them of any change in those conditions.

Notes of Decisions
Cited in 5 cases, 1980–1989 · leading case: Timothy A. Brown v. Robert J. Lowen, 857 F.2d 216 (4th Cir. 1988).
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Timothy A. Brown v. Robert J. Lowen, 857 F.2d 216 (4th Cir. 1988). “At 29 C.F.R. § 452.67 , the Department of Labor clearly envisions that distribution of campaign literature may be subject to rules governing the methods of distribution and requires the union to inform all candidates of the nature of those conditions.”
Brock v. Local 471, Hotel, Motel & Restaurant Employees & Bartenders Union, 706 F. Supp. 175 (N.D.N.Y. 1989). “These regulations provide in applicable part: 29 CFR § 452.67 Distribution of campaign literature.”
Marshall v. Provision House Workers Union, Local 274, 623 F.2d 1322 (9th Cir. 1980). “29 C.F.R. § 452.67 reads, in relevant part, as follows: “In order to avoid charges of disparity of treatment among candidates, it is advised that a union inform all candidates in advance of the conditions under which distribution will be made and promptly advise them of any…”
Donovan v. Metro. Dist. Council of Carpenters, 797 F.2d 140 (3d Cir. 1986). “In 29 C.F.R. § 452.67 it has stated: When the [union] organization or its officers authorize distribution of campaign literature on behalf of any candidate, similar distribution under the same conditions must be made for any other candidate, if he requests it.”
Marshall v. Pipeliners Local Union No. 798, 488 F. Supp. 847 (N.D. Okla. 1980). “When the incumbent candidates were allowed to have access to the Union membership list off the Union office premises, while denying a similar right to the challenging candidates, the defendant discriminated in favor of the incumbent and against the challenging slate in the use…”
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