[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC464]
TITLE 29--LABOR
CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER IV--TRUSTEESHIPS
Sec. 464. Civil action for enforcement
(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.
(c) Presumptions of validity or invalidity of 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 trust