
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC464]

 
                             TITLE 29--LABOR
 
     CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
 
                       SUBCHAPTER IV--TRUSTEESHIPS
 
Sec. 464. Civil action for enforcement


(a) Complaint; investigation; commencement of action by Secretary, 
        member or subordinate body of labor organization; jurisdiction

    Upon the written complaint of any member or subordinate body of a 
labor organization alleging that such organization has violated the 
provisions of this subchapter (except section 461 of this title) the 
Secretary shall investigate the complaint and if the Secretary finds 
probable cause to believe that such violation has occurred and has not 
been remedied he shall, without disclosing the identity of the 
complainant, bring a civil action in any district court of the United 
States having jurisdiction of the labor organization for such relief 
(including injunctions) as may be appropriate. Any member or subordinate 
body of a labor organization affected by any violation of this 
subchapter (except section 461 of this title) may bring a civil action 
in any district court of the United States having jurisdiction of the 
labor organization for such relief (including injunctions) as may be 
appropriate.

(b) Venue

    For the purpose of actions under this section, district courts of 
the United States shall be deemed to have jurisdiction of a labor 
organization (1) in the district in which the principal office of such 
labor organization is located, or (2) in any district in which its duly 
authorized officers or agents are engaged in conducting the affairs of 
the trusteeship.

(c) Presumptions of validity or invalidity of trusteeship

    In any proceeding pursuant to this section a trusteeship established 
by a labor organization in conformity with the procedural requirements 
of its constitution and bylaws and authorized or ratified after a fair 
hearing either before the executive board or before such other body as 
may be provided in accordance with its constitution or bylaws shall be 
presumed valid for a period of eighteen months from the date of its 
establishment and shall not be subject to attack during such period 
except upon clear and convincing proof that the trusteeship was not 
established or maintained in good faith for a purpose allowable under 
section 462 of this title. After the expiration of eighteen months the 
trusteeship shall be presumed invalid in any such proceeding and its 
discontinuance shall be decreed unless the labor organization shall show 
by clear and convincing proof that the continuation of the trusteeship 
is necessary for a purpose allowable under section 462 of this title. In 
the latter event the court may dismiss the complaint or retain 
jurisdiction of the cause on such conditions and for such period as it 
deems appropriate.

(Pub. L. 86-257, title III, Sec. 304, Sept. 14, 1959, 73 Stat. 531.)
