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and thereafter every six months while the trusteeship remains in effect. The report must be signed by the president and treasurer or corresponding principal officer of the national or international union. It must contain the name and address of the subordinate organization, and the date the trusteeship was established. The report must include a detailed statement of the reasons for establishing the trusteeship and the nature and extent of participation by the subordinate union's members in the selection of delegates to represent the subordinate union in regular or special conventions or other policy determining bodies and in the election of officers of the union which has assumed trusteeship. The initial report must also include a complete financial report of the subordinate union as of the time trusteeship was assumed. While the trusteeship is in effect, the labor organization which has assumed trusteeship over the subordinate union must file on behalf of the subordinate union the annual financial report required by section 201(b) of the law, signed by the president and treasurer of the union which has assumed this trusteeship. (For text of Sec. 301 (a) see page 186; for legislative history, see Senator Goldwater's statement, page 101; for regulations of the Secretary of Labor see page 241.)

What Are the Penalties for Violation?

Any person who violates this reporting section willfully, is subject to a fine of not more than $10,000, not more than a year in prison, or both. Any person who makes a false statement of material fact in such a report or in a basic document upon which the report is based with knowledge, or knowingly fails to disclose a material fact is subject to the same penalty. (For text of Sections 301(c) and 301(d) see page 186.)

For What Purposes Can a Trusteeship Be Established?

A trusteeship can be imposed by a union only in accordance with the constitution and by-laws of the national or international union imposing it and for the purposes of (a) correcting corruption or financial malpractice, (b) assuring the performance of collective bargaining agreements, or other duties of a collective bargaining representative, (c) restoring democratic procedures, or (d) otherwise carrying out the legitimate union objectives. (For text of Sec. 302 see page 186; for legislative history, see excerpt from Senate Committee Report No. 187, page 102, and Senator Goldwater's statement, page 102.)

What Is Unlawful While a Union Is Under Trusteeship?

It is illegal for a union that imposes a trusteeship to count the vote of delegates from the local union in any convention or election of officers of the parent union unless the delegates have been chosen by secret ballot in an election in which all of the members in good standing of such subordinate union were eligible to participate. It is also illegal to transfer to the national or international any current receipts or other funds of the local union except the normal per capita tax and assessments payable by the subordinate union. (For text of Sec. 303 see page 187.)

How Are the Trusteeship Regulations Enforced?

Two courses of action are available to the aggrieved union member if he feels that a trusteeship has been imposed wrongfully or that the law has not been followed. He may (1) file a complaint with the Secretary of Labor, or, (2) sue on his own behalf in any federal District Court for appropriate relief, including injunctions. If the member complains to the Secretary, the Secretary must make an investigation, and if he finds probable cause to believe a violation has occurred, he must sue, without disclosing the identity of the union member complainant, in any federal Distrtict Court in the country which has jurisdicition over the labor union involved, for such relief, including injunctions, as he deems appropriate. (For text of Sec. 304(a) see page 187; for legislative history, see Senator Morse's statement, page 103.)

What Presumption of Validity Is Given to Trusteeships? A trusteeship established in a procedurally proper fashion is presumed valid for 18 months. The trusteeship cannot be attacked during this period except upon clear and convincing proof that it was not established in good faith for a purpose permissible under Section 302 of the Landrum-Griffin Act.

After 18 months have expired, a trusteeship is presumed invalid and may not be continued unless clear and convincing proof is shown that its continuance is necessary. (For text of Sec. 304 (c) see page 187; for legislative history, see excerpt from Senate Committee Report No. 187, page 103, and Senator Goldwater's statement, page 104.)

What Existing Rights Are Preserved?

When the Secretary of Labor has filed a complaint regarding a trusteeship matter, the jurisdiction of the federal court is exclusive and its

judgment is final and binding. If no complaint has been filed by the Secretary of Labor, existing remedies under state law can be pursued. (For text of Sec. 306 see page 188; for legislative history, see excerpt from Senate Committee Report No. 187, page 105, and Senator Goldwater's statement, page 105.)

How Often Must Unions Hold Elections?

Every national or international union must hold an election of officers at least once every five years either by secret ballot among the members in good standing or at a convention of delegates who have been chosen by secret ballot. (For text of Sec. 401(a) see page 188.)

Every local union must elect its officers at least once every three years by secret ballot among members in good standing. (For text of Sec. 401(b) see page 188.)

Officers of intermediate unions, such as general committees, systems. boards, joint boards or joint councils must be elected at least once every four years by secret ballot among the members in good standing. (For text of Sec. 401 (d) see page 189.)

What Are the Rights of a Candidate for Union Office?

A union must agree to all reasonable requests of a candidate to distribute campaign literature by mail or otherwise to all members in good standing. The union cannot discriminate in favor of or against any candidate with respect to use of the membership lists and must accord to each candidate the same mailing privileges of literature accorded any other candidate. The union will perform this service but the distribution cost is that of the candidate. Every union candidate also has the right once within 30 days prior to an election to inspect a membership list of all union members who are required as a condition of employment to belong to the union. The candidate is also given the right to have an observer at the polls and at the counting of the ballots. (For text of Sec. 401 (c) see page 188; for legislative history see excerpt from House Conference Report, page 106, Senator Morse's remarks on page 106, statements of Senators Kennedy and Javits, page 106, the exchange between Senators McClellan, Javits, Scott, Mundt, and Prouty, page 107, and Senator Goldwater's statement, page 110.)

What Procedures Must a Union Follow?

In every election held by secret ballot, a reasonable opportunity must be given for the nomination of candidates. Every member in good

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standing is eligible to be a candidate and to hold office subject to Section 504 which prohibits certain members of a union from serving as union officers and also subject to union rules uniformly imposed. The union member is also given the right to support and vote for any candidate without being subject to penalty, discipline or reprisal of any kind.

The union must mail to every member a notice of an election not less than 15 days prior to the election. Every member in good standing is entitled to one vote.

The ballots must be preserved by the union for one year. Votes cast by members of each local union must be counted and the results published separately. (For text of Sec. 401(e) see page 189.)

Can Union Dues Be Used in Elections?

No union dues can be contributed or applied to the campaign of a person running in a union election. Union dues, however, may be used for notices, factual statements of issues not involving candidates, and for other necessary election expenses. (For text of Sec. 401(g) see page 189; for legislative history, see Senator Goldwater's statement, page 111, and the excerpts from the House Conference Report on page 111.)

How Can Union Officers Be Removed?

If a union member cannot take proper steps within his union to remove a union official because of lack of procedures in the union's constitution, the Secretary of Labor, upon application of this member, will hold a hearing. After the hearing, if the Secretary finds that the constitution and by-laws of the union do not provide an adequate procedure for the removal of an elected union officer guilty of serious misconduct, the officer may be removed, for cause shown and after notice and hearing, by the union members voting in a secret ballot election conducted by the union's officers. The Secretary of Labor is given the power to make rules and regulations prescribing minimum standards and procedures for determining the adequacy of the removal procedures. (For text of Sections 401(h) and 401(i) see pages 189 and 190; for legislative history, see excerpt from House Conference Report on page 111.)

How Are the Election Rules Enforced?

A union member must initiate the election enforcement machinery under the Landrum-Griffin Act. To upset an improperly run election he must first exhaust his remedies under the union's constitution and by-laws,

or if he has invoked the available internal remedies without obtaining a final decision within three months, he can file a complaint with the Secretary of Labor within one calendar month thereafter alleging any violation of the law as enumerated in the preceding pages.

The Secretary of Labor then investigates the complaint, and if he finds probable cause to believe that a violation has occurred, he must, within 60 days after the complaint has been filed, bring a civil action against the union in the federal district court in which the union maintains its principal office to set aside the invalid election and to direct the conduct of an election for the removal of the officers.

If the court finds on a preponderance of the evidence that an election has not been held within the time prescribed by the preceding section, 401, or that the violation of Section 401 may have affected the election's outcome, the court must declare the election void and direct a new election under the Labor Secretary's supervision. The court's order is appealable as all other court judgments, but its order directing an election cannot be stayed pending appeal. (For text of Sec. 402 see page 190; for legislative history, see excerpt from Senate Committee Report No. 187 on page 112; Senator Goldwater's statement, page 112 and excerpt from House Conference Report, page 113.)

How Are State Laws Affected by the Election Provisions?

Unions are protected by the new law from being required by State laws to conduct elections more often than as prescribed in the LandrumGriffin Act. State laws governing the enforcement of election provisions in a union's constitution or by-laws remain valid if they are invoked prior to the conduct of an election. Once the union election has been held, the remedy in the Landrum-Griffin Act for challenging the election is exclusive. (For text of Sec. 403 see page 191; for legislative history, see excerpt from Senate Committee Report No. 187 on page 113.)

When Do the Election Sections Become Effective?

The election provisions of the Landrum-Griffin Act are in effect 90 days after enactment (September 14, 1959 plus 90 days) in the case of a union whose constitution can lawfully be modified or amended by action of its constitutional officers. Where such modification can only be made by a constitutional convention, it becomes effective not later than the next convention, or one year after September 14, 1959, whichever is sooner. If no such convention is held within a one-year period, the ex

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