§ 482. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC482]
TITLE 29--LABOR
CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
SUBCHAPTER V--ELECTIONS
Sec. 482. Enforcement
(a) Filing of complaint; presumption of validity of challenged election
A 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 officers
If, 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, Sec. 402, Sept. 14, 1959, 73 Stat. 534.)
