Code of Federal Regulations (Last Updated: July 5, 2024) |
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 452 - General Statement Concerning the Election Provisions of the Labor-Management Reporting and Disclosure Act of 1959 |
Subpart E - Candidacy for Office; Reasonable Qualifications |
§ 452.50 - Disqualification as a result of disciplinary action.
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§ 452.50 Disqualification as a result of disciplinary action.
Section 401(e) was not intended to limit the right of a labor organization to take disciplinary action against members guilty of misconduct. So long as such action is conducted in accordance with section 101(a)(5), a union may, for example, if its constitution and bylaws so provide, bar from office for a period of time any member who is guilty of specific acts, such as strikebreaking, detrimental to the union as an institution. However, if a union has improperly disciplined a member and barred him from candidacy, the Secretary may, in an appropriate case, treat him as a member in good standing entitled to all of the rights of members guaranteed by title IV.