U.S. Code » Title 29 » Chapter CHAPTER 11— LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE › Subchapter SUBCHAPTER V— ELECTIONS

29 U.S.C. § 482

Enforcement

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(a) Filing of complaint; presumption of validity of challenged electionA member of a labor organization—(1) who has exhausted the remedies available under the constitution and bylaws of such organization and of any parent body, or(2) who has invoked such available remedies without obtaining a final decision within three calendar months after their invocation,may file a complaint with the Secretary within one calendar month thereafter alleging the violation of any provision of section 481 of this title (including violation of the constitution and bylaws of the labor organization pertaining to the election and removal of officers). The challenged election shall be presumed valid pending a final decision thereon (as hereinafter provided) and in the interim the affairs of the organization shall be conducted by the officers elected or in such other manner as its constitution and bylaws may provide.(b) Investigation of complaint; commencement of civil action by Secretary; jurisdiction; preservation of assets

The Secretary shall investigate such complaint and, if he finds probable cause to believe that a violation of this subchapter has occurred and has not been remedied, he shall, within sixty days after the filing of such complaint, bring a civil action against the labor organization as an entity in the district court of the United States in which such labor organization maintains its principal office to set aside the invalid election, if any, and to direct the conduct of an election or hearing and vote upon the removal of officers under the supervision of the Secretary and in accordance with the provisions of this subchapter and such rules and regulations as the Secretary may prescribe. The court shall have power to take such action as it deems proper to preserve the assets of the labor organization.

(c) Declaration of void election; order for new election; certification of election to court; decree; certification of result of vote for removal of officersIf, upon a preponderance of the evidence after a trial upon the merits, the court finds—(1) that an election has not been held within the time prescribed by section 481 of this title, or(2) that the violation of section 481 of this title may have affected the outcome of an election,the court shall declare the election, if any, to be void and direct the conduct of a new election under supervision of the Secretary and, so far as lawful and practicable, in conformity with the constitution and bylaws of the labor organization. The Secretary shall promptly certify to the court the names of the persons elected, and the court shall thereupon enter a decree declaring such persons to be the officers of the labor organization. If the proceeding is for the removal of officers pursuant to subsection (h) of section 481 of this title, the Secretary shall certify the results of the vote and the court shall enter a decree declaring whether such persons have been removed as officers of the labor organization.(d) Review of orders; stay of order directing election

An order directing an election, dismissing a complaint, or designating elected officers of a labor organization shall be appealable in the same manner as the final judgment in a civil action, but an order directing an election shall not be stayed pending appeal.

(Pub. L. 86–257, title IV, § 402, Sept. 14, 1959, 73 Stat. 534.)Statutory Notes and Related SubsidiariesEffective Date

Section applicable ninety days after Sept. 14, 1959, in the case of certain labor organizations, see section 404 of Pub. L. 86–257, set out as a note under section 481 of this title.

Notes of Decisions
Cited in 498 cases (27 in the last 5 years), 1961–2025 · leading case: Local No. 82 v. Crowley, 467 U.S. 526 (1984).
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Local No. 82 v. Crowley, 467 U.S. 526 (1984). · cites it 12× “Although Congress meant to further this basic policy with a minimum of interference in the internal affairs of unions, see Calhoon, supra, at 140 , § 402 of Title IV contains its own comprehensive administrative and judicial procedure for enforcing the standards established in…”
Patrick Ellis v. Elaine L. Chao, 336 F.3d 114 (2d Cir. 2003). · cites it 8× “After exhausting his internal union remedies, he filed a complaint on June 22, 2000 with the Secretary pursuant to Section 402(a) of the LMRDA, 29 U.S.C. § 482 (a). Section 402(a) allows a union member who has exhausted the internal remedies provided by his union to file a…”
Buffalow v. Bull, 619 S.W.2d 913 (Mo. Ct. App. 1981). · cites it 26× “Defendants filed a timely petition for removal in the United States District Court, Western District of Missouri, on the theory that Buffalow’s exclusive remedy was under 29 U.S.C. § 482 and that said federal statute preempted any state court cause of action by Buffalow.”
Hodgson v. Local Union 6799, 403 U.S. 333 (1971). · cites it 12× “534 , 29 U. S. C. § 482 (b), against Local 6799, United Steelworkers of America, to set aside a general election of officers conducted by the union.”
Elizabeth Dole v. Local 1942, Int'l Bhd. of Elec. Workers, Afl-Cio, 870 F.2d 368 (7th Cir. 1989). · cites it 7× “The Union failed to resolve Keller’s appeal by September 23, 1986, and Keller accordingly became eligible to file a written complaint with the Department of Labor under 29 U.S.C. § 482 , 3 which he did on that date.”
Hall v. Marshall, 476 F. Supp. 262 (E.D. Pa. 1979). · cites it 14× “They challenge the decision of the defendant, Secretary of Labor (the “Secretary”), declining to bring suit to have the election results set aside under section 402 of Title IV of the Labor-Management Reporting and Disclosure Act of 1959 (the “LMRDA”), 29 U.S.C. § 482 .…”
Trbovich v. United Mine Workers, 404 U.S. 528 (1972). · cites it 4× “534 , 29 U. S. C. § 482 (b), to set aside an election of officers of the United Mine Workers of America (UMWA), held on December 9, 1969.”
Wirtz v. Glass Bottle Blowers, 389 U.S. 463 (1968). · cites it 5× “Section 402 (b) of the Labor-Management Reporting and Disclosure Act of 1959, 29 U. S. C. §482 (b), authorizes the Secretary of Labor, upon complaint by a union member who has exhausted his internal union remedies, to file the suit when an investigation of the complaint gives…”
Responsibility v. Fed. Election Comm'n, 892 F.3d 434 (D.C. Cir. 2018). · cites it 2× “560 (1975), where the statute directed the Secretary to investigate complaints and provided that “if he finds probable cause to believe that a violation .”
Ray Marshall v. Local Union 20, 611 F.2d 645 (6th Cir. 1979). · cites it 6× “Because Local 20 failed to conduct a new election, the Secretary instituted this suit, pursuant to LMRDA § 402(b), 29 U.S.C. § 482 (b), seeking to have Leu’s election declared null and void and a new election ordered.”
Thomas Perez v. Postal Police Officers Ass'n, 736 F.3d 736 (6th Cir. 2013). · cites it 9× “” 29 U.S.C. § 482 (a). This case turns on how we determine when a member has “exhausted” his internal union remedies.”
Chao v. Local 743, Int'l Bhd. of Teamsters, 467 F.3d 1014 (7th Cir. 2006). · cites it 5× “” 29 U.S.C. § 482 . Finally, Title IV also contains a provision, relied upon by the Union in this case, stating that “[t]he remedy provided by this subchapter for challenging an election already conducted shall be exclusive.”
Show all 498 citing cases →
29 U.S.C. § 482(a): 8 cases
Wirtz v. Local Union 169, 246 F. Supp. 741 (D. Nev. 1965).
Acevedo v. Bookbinders & Mach. Operators Local No. 25 Edition Bookbinders of New York, Inc., 196 F. Supp. 308 (S.D.N.Y. 1961).
Wirtz v. Teamsters Indus. & Allied Employees Union Local No. 73, 257 F. Supp. 784 (N.D. Ohio 1966).
Shultz v. Radio Officers' Union of the United Tel. Workers, 344 F. Supp. 58 (S.D.N.Y. 1972).
Shultz v. Local 1291, Int'l Longshoremen's Ass'n, 338 F. Supp. 1204 (E.D. Pa. 1972).
29 U.S.C. § 482(a)(2): 1 case
Scalia v. Local 1694, Int'l Longshoremen's Ass'n, No. 1:19-cv-02235 (D. Del. Aug. 4, 2020).
29 U.S.C. § 482(b): 4 cases
Walter Bachowski v. Peter Brennan, 502 F.2d 79 (3d Cir. 1974).
James D. Hodgson v. Lodge 851, 454 F.2d 545 (7th Cir. 1972).
Shultz v. Radio Officers' Union of the United Tel. Workers, 344 F. Supp. 58 (S.D.N.Y. 1972).
Goldberg v. Marine Cooks & Stewards Union, 204 F. Supp. 844 (N.D. Cal. 1962).
29 U.S.C. § 482(c): 1 case
Brennan v. Silvergate Dist. Lodge No. 50, 503 F.2d 800 (9th Cir. 1974).
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