[Title 29 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 29 - LABOR]
[Subtitle B - Regulations Relating to Labor]
[Chapter IV - OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR]
[Subchapter A - LABOR-MANAGEMENT STANDARDS]
[Part 417 - PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS]
[Subpart B - Procedures Upon Failure of Union to Take Appropriate Remedial]
[From the U.S. Government Printing Office]


29LABOR22002-07-012002-07-01falseBSubpart BLABORRegulations Relating to LaborOFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABORLABOR-MANAGEMENT STANDARDSPROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS
Subpart B--Procedures Upon Failure of Union to Take Appropriate Remedial 
                  Action Following Subpart A Procedures



Sec. 417.16  Initiation of proceedings.

    (a) Any member of a local labor organization may file a complaint 
with the Office of Labor-Management Standards alleging that following a 
finding by the Assistant Secretary pursuant to subpart A that the 
constitution and bylaws of the labor organization pertaining to the 
removal of officers are inadequate, or a stipulation of compliance with 
the provisions of section 401(h) of the Act reached with the Chief, DOE 
in connection with a prior charge of the inadequacy of a union's 
constitution and bylaws to remove officers, as provided in subpart A of 
this part, the labor organization (1) has failed to act within a 
reasonable time, or (2) has violated the procedures agreed to with the 
Chief, DOE, or (3) has violated the principles governing adequate 
removal procedures under Sec. 417.2(b).
    (b) The complaint must be filed pursuant to section 402(a) of the 
Act within one calendar month after one of the two following conditions 
has been met:
    (1) The member has exhausted the remedies available to him under the 
constitution and bylaws of the organization, or
    (2) The member has invoked such remedies without obtaining a final 
decision within three calendar months after invoking them.

[59 FR 65716, Dec. 21, 1994, as amended at 62 FR 6093, Feb. 10, 1997]



Sec. 417.17  Investigation of complaint and court action.

    The Office of Labor-Management Standards shall investigate such 
complaint, and if upon such investigation the Secretary finds probable 
cause to believe that a violation of section 401(h) of the Act has 
occurred and has not been remedied, the Secretary shall within 60 days 
after the filing of such complaint, bring a civil action against the 
labor organization in the district court of the United States for the 
district in which such labor organization maintains its principal 
office, to direct the conduct of a hearing and vote upon the removal of 
officer(s) under the supervision of the Assistant Secretary as provided 
in section 402(b) of the Act.

[59 FR 65717, Dec. 21, 1994]



Sec. 417.18  Hearings--removal of officers of local labor organizations.

    Hearings pursuant to order of the court and concerning the removal 
of officers under section 402(b) of the Act shall be for the purpose of 
introducing testimony and evidence showing why an officer or officers 
accused of serious misconduct should or should not be removed. Hearings 
shall be conducted by the officers of the labor organization (subject to 
Sec. 417.19) in accordance with the constitution and bylaws of the labor 
organization insofar as they are not inconsistent with title IV of the 
Act, or with the provisions of this part 417: Provided, however, That no 
officer(s) accused of serious misconduct shall participate in such 
hearings in any capacity except as witness or counsel.



Sec. 417.19  Assistant Secretary's representative.

    The Assistant Secretary shall appoint a representative or 
representatives whose functions shall be to supervise the hearing and 
vote. Such representative(s) shall have final authority to issue such 
rulings as shall be appropriate or necessary to insure a full and fair 
hearing and vote. Upon his own motion or upon consideration of the 
petition of any interested person the Assistant Secretary's 
Representative may disqualify any officer(s) or member(s) of the union 
from participation in the conduct of the hearing (except in the capacity 
of witness or counsel).

[29 FR 8264, July 1, 1964, as amended at 29 FR 8480, July 7, 1964]

[[Page 161]]



Sec. 417.20  Notice of hearing.

    Notice of hearing, not less than 10 days in advance of the date set 
for such hearing, shall be transmitted to the officer or officers 
accused of serious misconduct and other interested persons, insofar as 
they are known, and shall inform them of (a) the time, place, and nature 
of the hearing; (b) the legal authority and jurisdiction under which the 
hearing is to be held; (c) the matters of fact and law asserted; and (d) 
their rights to challenge the appointment of certain of, or all of, the 
officers of the union to conduct the hearing in accordance with this 
subpart. The labor organization shall promptly inform its members of the 
provisions of the notice. Copies of the notice shall be made available 
for inspection at the office of the labor organization.



Sec. 417.21  Transcript.

    It shall be within the discretion of the Assistant Secretary to 
require an official reporter to make an official transcript of the 
hearings. In the event he does so require, copies of the official 
transcript shall be made available upon request addressed to the 
Assistant Secretary in accordance with the provisions of part 70 of this 
title.

[50 FR 31310, Aug. 1, 1985, as amended at 63 FR 33779, June 19, 1998]



Sec. 417.22  Vote among members of the labor organization.

    Within a reasonable time after completion of the hearing, and after 
proper notice thereof, a secret ballot vote shall be conducted among the 
members of the labor organization in good standing on the issue of 
whether the accused officer or officers shall be removed from office. 
The vote shall be in accordance with the constitution and bylaws of the 
labor organization insofar as they are not inconsistent with the 
provisions of the Act or this part 417. The presiding officer or 
officers at the taking of such vote shall entertai objections or 
suggestions as to the rules for conducting the vote, eligibility of 
voters, and such other matters as may be pertinent; and shall rule on 
such questions, shall establish procedures for the conduct of the vote, 
and for tabulation of the ballots; and shall appoint observers and 
compile a list of eligible voters. All rulings of the presiding officer 
or officers shall be subject to the provisions of Sec. 417.19.



Sec. 417.23  Report to the Assistant Secretary.

    Following completion of the hearing and vote, the Assistant 
Secretary's Representative shall file a report with the Assistant 
Secretary setting out the results of the balloting; and pertinent 
details of the hearing and vote. Notice thereof shall be given to the 
membership of such labor organization promptly and copies shall be 
furnished to all interested parties.



Sec. 417.24  Appeal to the Assistant Secretary.

    (a) Within 15 days after mailing of the report of the Assistant 
Secretary's Representative, any interested party may appeal the conduct 
of the hearing or vote or both by filing written exceptions with the 
Assistant Secretary. Blanket appeals shall not be received. Impertinent 
or scandalous matter may be stricken by the Assistant Secretary, or an 
appeal containing such matter or lacking in specifications may be 
dismissed.
    (b) Upon review of the whole record, the Assistant Secretary shall 
issue a decision or may order further hearing, a new vote, or such 
further proceedings as he deems appropriate.

[29 FR 8264, July 1, 1964, as amended at 50 FR 31310, Aug. 1, 1985]



Sec. 417.25  Certification of results of vote.

    Upon receipt of the report of the Assistant Secretary's 
Representative on the hearing and vote on removal, the Assistant 
Secretary shall certify the results of the vote to the court as required 
by section 402(c) of the Act.