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. § 452.76

Campaigning by union officers

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Unless restricted by constitutional provisions to the contrary, union officers and employes retain their rights as members to participate in the affairs of the union, including campaigning activities on behalf of either faction in an election. However, such campaigning must not involve the expenditure of funds in violation of section 401(g). Accordingly, officers and employees may not campaign on time that is paid for by the union, nor use union funds, facilities, equipment, stationery, etc., to assist them in such campaigning. Campaigning incidental to regular union business would not be a violation.

Notes of Decisions
Cited in 6 cases, 1982–2007 · leading case: United Steelworkers of Am. v. Sadlowski, 457 U.S. 102 (1982).
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United Steelworkers of Am. v. Sadlowski, 457 U.S. 102 (1982). · cites it 2× “110-117; see 29 CFR § 452.76 (1981). Staff officers have a contractual right to choose whether or not to participate in any USWA campaign without *115 being subjected to discipline or reprisal for their decision.”
Dean v. Am. Fed'n of Gov't Employees, Local 476, 509 F. Supp. 2d 39 (D.D.C. 2007). · cites it 2× “Specifically, 29 C.F.R. § 452.76 provides that union officers may engage in campaign activities but that, because such activities must not involve the expenditure of union funds, officers “may not campaign on time that is paid for by the union, nor use union funds, facilities,…”
Dole v. Local Union 226, Hotel & Restaurant Employees, 718 F. Supp. 1479 (D. Nev. 1989). · cites it 2× “Section 401(g) prohibits the expenditure of union money for campaign purposes. The Secretary has interpreted this statute to mean that union employees who campaign on union time constitutes an expenditure of union funds for campaign purposes.”
Donovan v. Local 719, United Auto., Aerospace & Agric. Implement Workers, 561 F. Supp. 54 (N.D. Ill. 1982). “” 29 CFR 452.76. The court recognizes that Congress did not delegate any rulemaking authority to the Secretary of Labor, and that these regulations are therefore merely “interpretive.”
Dole v. Fed'n of Postal Police Officers, Inc., 744 F. Supp. 413 (E.D.N.Y 1990). “Any such expenditure, regardless of amount, constitutes a violation of [§ 481(g)], Another relevant interpretive regulation provides that election “campaigning must not involve expenditure of funds in violation of section [481(g) ]. Accordingly, officers and employees may not .”
Donovan v. Metro. Dist. Council of Carpenters, 797 F.2d 140 (3rd Cir. 1986). “See 29 C.F.R. § 452.76 (union officers are forbidden to campaign on union time or to use union funds to assist their campaigning).”
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