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. § 452.80

Bona fide candidates

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A person need not be formally nominated in order to be a bona fide candidate entitled to exercise the rights mentioned in §§ 452.67 and 452.71. 41 Thus, any qualified member seeking to be nominated and elected at a convention would be able to take advantage of the distribution rights even before the convention meets and thus attempt to influence members to select delegates favorable to his candidacy or to persuade the delegates to support his candidacy. A union may reasonably require that a person be nominated in order to be elected, but may not prevent a member who actively seeks office and is otherwise qualified from taking advantage of the campaign safeguards in the Act in an effort to gain the support necessary to be nominated.

41Yablonski v. United Mine Workers, 71 LRRM 2606, 60 L.C. 10,204 (D.D.C. 1969).

Notes of Decisions
Cited in 2 cases, 1988–1989 · leading case: Brock v. Local 471, Hotel, Motel & Restaurant Employees & Bartenders Union, 706 F. Supp. 175 (N.D.N.Y. 1989).
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Brock v. Local 471, Hotel, Motel & Restaurant Employees & Bartenders Union, 706 F. Supp. 175 (N.D.N.Y. 1989). · cites it 2× “29 CFR § 452.80 Bona fide candidates. A person need not be formally nominated in order to be a bona fide candidate entitled to exercise the [right to distribute campaign literature].”
Cotter v. Helmer, 692 F. Supp. 313 (S.D.N.Y. 1988). “See 29 C.F.R. § 452.80 (1987). “A union may reasonably require that a person be nominated in order to be elected, but may not prevent a member who actively seeks office and is otherwise qualified from taking advantage of the campaign safeguards .”
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.