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

29 C.F.R. § 452.9

Prohibition against certain persons holding office; section 504

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Among the safeguards for labor organizations provided in title V is a prohibition against the holding of office by certain classes of persons. 10 This provision makes it a crime for any person willfully to serve in certain positions, including as an elected officer of a labor organization, for a period of three to thirteen years after conviction or imprisonment for the commission of specified offenses, including violation of titles II or III of the Act, or conspiracy or attempt to commit such offenses. It is likewise a crime for any labor organization or officer knowingly to permit such a person to serve in such positions. Persons subject to the prohibition applicable to convicted criminals may serve if their citizenship rights have been fully restored after being taken away by reason of the conviction, or if, following the procedures set forth in the Act, it is determined that their service would not be contrary to the purposes of the Act.

10 Act, sec. 504(a) (29 U.S.C. 504), as amended by the Comprehensive Crime Control Act of 1984, Public Law 98-473, secs. 229, 235, 803 and 804. See text at footnote 23 for a list of the disabling crimes.

[50 FR 31310, Aug. 1, 1985]
Notes of Decisions
Cited in 4 cases, 1967–1977 · leading case: Wirtz v. Am. Guild of Variety Artists, 267 F. Supp. 527 (S.D.N.Y. 1967).
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Wirtz v. Am. Guild of Variety Artists, 267 F. Supp. 527 (S.D.N.Y. 1967). · cites it 4× “29 C.F.R. § 452.9 (a) (1965). 13 . Legislative History of the LMRDA of 1959 (1959 Ed.”
Daniel Conley v. United Steelworkers of Am., Local Union No. 1014, 549 F.2d 1122 (7th Cir. 1977). “See also 29 C.F.R. § 452.9 (b). Rather, in its effort to balance the need of candidates for access to membership lists against the danger that copied lists would be used for improper purposes, Congress prohibited discrimination in the use of the lists and placed an affirmative…”
Shultz v. Radio Officers' Union of the United Tel. Workers, 344 F. Supp. 58 (S.D.N.Y. 1972). “The Department of Labor regulation relating to this latter provision declares that the labor organization must refrain from discrimination with respect to the use of the lists of members. It continues to state that although the statute does not require that a candidate be…”
Conley v. Aiello, 276 F. Supp. 614 (S.D.N.Y. 1967). “Plaintiffs’ moving papers suggest that regardless of whether the second sentence of § 401(c) creates an unconditional right to copy membership lists, plaintiffs have a right to copy such lists because their opponents in the election are incumbents to whom the lists are…”
— 29 C.F.R. § 452.9(b) — 1 case
Wirtz v. Am. Guild of Variety Artists, 267 F. Supp. 527 (S.D.N.Y. 1967). “29 C.F.R. § 452.9 (a) (1965). 13 . Legislative History of the LMRDA of 1959 (1959 Ed.”
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