29 C.F.R. Subpart K—Dates and Scope of Application
Title 29 - Labor
Title 29: Labor
PART 452—GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959
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Subpart K—Dates and Scope of Application
§ 452.137 Effective dates.
(a) Section 404 states when the election provisions of the Act become applicable.58 In the case of labor organizations whose constitution and bylaws can be lawfully modified or amended by action of the organization's “constitutional officers or governing body,” the election provisions become applicable 90 days after the enactment of the statute (December 14, 1959). Where the modification of the constitution and bylaws of a local labor organization requires action by the membership at a general meeting or by referendum, the general membership would be a “governing body” within the meaning of this provision. In the cases where any necessary modification of the constitution and bylaws can be made only by a constitutional convention of the labor organization, the election provisions become applicable not later than the next constitutional convention after the enactment of the statute, or one year after the enactment of the statute, whichever is sooner.
58 Act, sec. 404.
(b) The statute does not require the calling of a special constitutional convention to make such modifications. However, if no convention is held within the one-year period, the executive board or similar governing body that has the power to act for the labor organization between conventions is empowered by the statute to make such interim constitutional changes as are necessary to carry out the provisions of title IV of the Act. Any election held thereafter would have to comply with the requirements of the Act.
§ 452.138 Application of other laws.
(a) Section 40359 provides that no labor organization shall be required by law to conduct elections of officers with greater frequency or in a different form or manner than is required by its own constitution or bylaws, except as otherwise provided by the election provisions of the Act.
59 Act, sec. 403.
(b) The remedy60 provided in the Act for challenging an election already conducted is exclusive.61 However, existing rights and remedies to enforce the constitutions and bylaws of such organizations before an election has been held are unaffected by the election provisions. Section 60362 which applies to the entire Act, states that except where explicitly provided to the contrary, nothing in the Act shall take away any right or bar any remedy of any union member under other Federal law or law of any State.
60 Act, sec. 402.
61 Act, sec. 403. See Daily Cong. Rec. 86th Cong., 1st sess., p. 9115, June 8, 1959, pp. 13017 and 13090, July 27, 1959. H. Rept. No. 741, p. 17; S. Rept. No. 187, pp. 21–22, 101, 104. Hearings, House Comm. on Education and Labor, 86th Cong., 1st sess., pt. 1, p. 1611. See also Furniture Store Drivers Local 82 v. Crowley, 104 S.Ct. 2557 (1984).
62 Act, sec. 603.
[38 FR 18324, July 9, 1973, as amended at 50 FR 31311, Aug. 1, 1985]
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