29 U.S.C. § 464

Civil action for enforcement

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(a) Complaint; investigation; commencement of action by Secretary, member or subordinate body of labor organization; jurisdiction

Upon the written complaint of any member or subordinate body of a labor organization alleging that such organization has violated the provisions of this subchapter (except section 461 of this title) the Secretary shall investigate the complaint and if the Secretary finds probable cause to believe that such violation has occurred and has not been remedied he shall, without disclosing the identity of the complainant, bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate. Any member or subordinate body of a labor organization affected by any violation of this subchapter (except section 461 of this title) may bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate.

(b) Venue

For the purpose of actions under this section, district courts of the United States shall be deemed to have jurisdiction of a labor organization (1) in the district in which the principal office of such labor organization is located, or (2) in any district in which its duly authorized officers or agents are engaged in conducting the affairs of the trusteeship.

In any proceeding pursuant to this section a trusteeship established by a labor organization in conformity with the procedural requirements of its constitution and bylaws and authorized or ratified after a fair hearing either before the executive board or before such other body as may be provided in accordance with its constitution or bylaws shall be presumed valid for a period of eighteen months from the date of its establishment and shall not be subject to attack during such period except upon clear and convincing proof that the trusteeship was not established or maintained in good faith for a purpose allowable under section 462 of this title. After the expiration of eighteen months the trusteeship shall be presumed invalid in any such proceeding and its discontinuance shall be decreed unless the labor organization shall show by clear and convincing proof that the continuation of the trusteeship is necessary for a purpose allowable under section 462 of this title. In the latter event the court may dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate.

(Pub. L. 86–257, title III, § 304, Sept. 14, 1959, 73 Stat. 531.)

Notes of Decisions

Cited in 143 cases (8 in the last 5 years), 1962–2026 · leading case: George A. Ross v. Hotel Employees and Restaurant Employees International Union Robert Baker, Co-Trustee Carol Carlson, C

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George A. Ross v. Hotel Employees and Restaurant Employees International Union Robert Baker, Co-Trustee Carol Carlson, C (2001) ca3 · cites it 5× “519 § 304, 29 U.S.C. § 464 . We have jurisdiction from the district court’s final order granting summary judgment under 28 U.”

UnióN De Empleados De Muelles De P.R., Inc. v. Int'l Longshoremen's Ass'n (2018) ca1 · cites it 4× “Initial Proceedings in the District Court On June 3, 2015, UDEM filed suit against the ILA under Title III of the LMRDA, see 29 U.S.C. § 464 , challenging on numerous grounds the lawfulness of the trusteeship imposed on UDEM by the ILA.”

James D. Hodgson, Secretary of Labor, Mike Trbovich v. United Mine Workers of America (1972) cadc · cites it 5× “The complaint procedure is described in LMRDA § 304(a), 29 U.S.C. § 464 (a) (1970). 6 . Id. 7 . A “trusteeship” is defined as “any receivership, trusteeship, or other method of supervision or control whereby a labor organization suspends the autonomy otherwise available to a…”

Morris v. Hoffa (2004) ca3 · cites it 7× “It is also a subordinate body of the IBT within the meaning of § 304 of the LMRDA, 29 U.S.C. § 464 . John P. Morris was the elected Secretary-Treasurer and principal officer of Local 115.”

Benda v. Grand Lodge of the International Ass'n of Machinists & Aerospace Workers (1978) ca9 · cites it 8× “” 29 U.S.C. § 464 (a). The civil enforcement action authorized by the statute may be brought “in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate.”

Transport Workers Union of Philadelphia, Loc. 234 v. Transport Workers Union of America (2001) paed · cites it 7× “*662 On September 22, 2000, Local 234 filed a Complaint, seeking to enjoin the hearing scheduled before the Subcommittee by asserting that it would not be “fair” under 29 U.S.C. § 464 . 4 By Order dated September 29, 2000, United States District Judge Bruce W.”

Ronald Roland, Individually and as Chairman of Local Council 1 v. Air Line Employees Association, International and Repu (1985) ca7 · cites it 4× “8 The plaintiffs’ request for preliminary injunctive relief is authorized by the express language of 29 U.S.C. § 464 (a), which provides in pertinent part: “Any member or subordinate body of a labor organization affected by any violation of this subchapter (except section 461 of…”

Brotherhood of Painters v. Brotherhood of Painters, LU 127 (1966) cand · cites it 7× “29 U.S.C. § 464 (a) provides certain remedies for a labor organization’s violation of 29 U.”

Tam v. Rutledge (1979) hid · cites it 5× “Section 304(c) of the Act, 29 U.S.C. § 464 (c), 3 provides: In any proceeding pursuant to this section a trusteeship established by a labor organization in conformity with the procedural requirements of its constitution and bylaws and authorized or ratified after a fair hearing…”

International Brotherhood of Boilermakers v. Local Lodge D238 (1988) gamd · cites it 3× “A trusteeship is validly established pursuant to this section if the international shows that the trusteeship was established both in accordance with the provisions of the international’s constitution and for a purpose permissible under 29 U.”

Local No. 2, International Brotherhood of Telephone Workers v. International Brotherhood of Telephone Workers (1966) mad · cites it 4× “§ 462 and 29 U.S.C. § 464 (c). Jurisdiction exists in this court for the filing of a complaint of the type herein involved by a Local under the provisions of 29 U.”

International Longshoremen's Ass'n, Local 333 v. International Longshoremen's Ass'n (2017) ca4 · cites it 3× “See 29 U.S.C. § 464 (a) (not limiting remedies to injunctive relief); Local Union 13410 v.”

Show all 143 citing cases →

— 29 U.S.C. § 464(a) — 5 cases

Schonfeld v. Raftery (1967) nysd

Lavender v. United Mine Workers of America (1968) wvsd

Luggage Workers Union, Local 167 ex rel. Baldwin v. International Leather Goods, Plastics & Novelty Workers' Union (1970) ded

International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, & Helpers v. Local Lodge 714, Inter (1988) ca7

Luggage Wkrs. U., Local 167 v. INTERNATIONAL LG, P. & NWU (1970) ded

— 29 U.S.C. § 464(c) — 4 cases

Schonfeld v. Raftery (1967) nysd

Parks v. International Brotherhood of Electrical Workers (1963) ca4

Hardy v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers (1988) paed

Hardy v. INTERN. BROTH. OF BOILERMAKERS, ETC. (1988) paed

— 29 U.S.C. § 464(e) — 1 case

Local Union 13410 v. United Mine Workers of America (1971) dcd

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