29 C.F.R. § 452.86

Vote conditioned on payment of dues

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A labor organization may condition the exercise of the right to vote upon the payment of dues, which is a basic obligation of membership. Such a rule must be applied uniformly. If a member has not paid his dues as required by the labor organization's constitution or bylaws he may not be allowed to vote. Thus, a rule which suspends a member's right to vote in an election of officers while the member is laid off and is not paying dues would not, in ordinary circumstances, be considered unreasonable, so long as it is applied in a nondiscriminatory manner. However, members must be afforded a reasonable opportunity to pay dues, including a grace period during which dues may be paid without any loss of rights. In the case where a member is laid off but desires to maintain his good standing and thus his membership rights by continuing to pay dues, it would be clearly unreasonable for the labor organization to refuse to accept his payment.

Notes of Decisions
Cited in 3 cases, 1980–1993 · leading case: Alvey v. Gen. Elec. Co., 622 F.2d 1279 (7th Cir. 1980).
Alvey v. Gen. Elec. Co., 622 F.2d 1279 (7th Cir. 1980). “29 C.F.R. §§ 452.86 & 452.92. The trial court held these regulations to be unreasonable, which prompted the Secretary of Labor to intervene as amicus curiae.”
Panter v. Am. Synthetic Rubber Corp., 686 F. Supp. 1210 (W.D. Ky. 1986). “We note also that 29 C.F.R. §§ 452.86 and 452.92 provide that a laidoff employee may maintain good standing for the purpose of remaining eligible to vote on union matters by tendering dues which the union cannot refuse to accept.”
Martin v. Radio-Elec. Officers' Union, 813 F. Supp. 878 (D.C. Cir. 1993). · cites it 2× “§ 481 (e), and the Department of Labor (“DOL”) regulations, 29 C.F.R. 452.86 (1992). ROU acted reasonably in scheduling the 1991 special election after discovering that errors in the distribution of ballots for the regular election caused at least twelve Union members not to…”
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