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 B—Other Provisions of the Act Affecting Title IV
The provisions of title I, “Bill of Rights of Members of Labor Organizations”
7 (particularly section 101(a)(1) “Equal Rights,” section 101(a)(2) “Freedom of Speech and Assembly,” and section 101(a)(5) “Safeguards against Improper Disciplinary Action”) are related to the rights pertaining to elections. Direct enforcement of title I rights, as such, is limited to civil suit in a district court of the United States by the person whose rights have been infringed.
8 The exercise of particular rights of members is subject to reasonable rules and regulations in the labor organization's constitution and bylaws.
9
7 73 Stat. 522, 29 U.S.C. 411.
8 But the Secretary may bring suit to enforce section 104 (29 U.S.C. 414).
9 Act, sec. 101(a)(1), 101(a)(2), and 101(b) (29 U.S.C. 411).
Notes of Decisions
Wirtz v. Local Unions No. 406, 406-a, 406-b & 406-c, 254 F. Supp. 962 (E.D. La. 1966).
· cites it 2× “Of the 73 national union constitutions analyzed by Mr. Cantfil, none required more than three years’ membership to run for major union office and most required much less.”
Wirtz v. Local 153, Glass Bottle Blowing Ass'n, 244 F. Supp. 745 (W.D. Pa. 1965).
“Under certain circumstances a prerequisite for such candidacy may on its face appear to be reasonable, but this would not be controlling if, as a matter of fact, the effect of its application would be unreasonable and inharmonious with the intent of the Act’s election provisions.”
Brock v. Int'l Org. of Masters, 842 F.2d 70 (4th Cir. 1988).
“37(b), promulgated in 1973, is in sharp contrast to the Secretary’s previous regulation pertaining to reasonable qualifications, 29 C.F.R. § 452.7 (b), (adopted in 1963), which conceded the lack of a precise definition for reasonableness: For example, a requirement that to be…”
— 29 C.F.R. § 452.7(b) — 1 case
Wirtz v. Local 153, Glass Bottle Blowing Ass'n, 244 F. Supp. 745 (W.D. Pa. 1965).
“Under certain circumstances a prerequisite for such candidacy may on its face appear to be reasonable, but this would not be controlling if, as a matter of fact, the effect of its application would be unreasonable and inharmonious with the intent of the Act’s election provisions.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.