
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: 29USC482]

 
                             TITLE 29--LABOR
 
     CHAPTER 11--LABOR-MANAGEMENT REPORTING AND DISCLOSURE PROCEDURE
 
                         SUBCHAPTER V--ELECTIONS
 
Sec. 482. Enforcement


(a) Filing of complaint; presumption of validity of challenged election

    A member of a labor organization--
        (1) who has exhausted the remedies available under the 
    constitution and bylaws of such organization and of any parent body, 
    or
        (2) who has invoked such available remedies without obtaining a 
    final decision within three calendar months after their invocation,

may file a complaint with the Secretary within one calendar month 
thereafter alleging the violation of any provision of section 481 of 
this title (including violation of the constitution and bylaws of the 
labor organization pertaining to the election and removal of officers). 
The challenged election shall be presumed valid pending a final decision 
thereon (as hereinafter provided) and in the interim the affairs of the 
organization shall be conducted by the officers elected or in such other 
manner as its constitution and bylaws may provide.

(b) Investigation of complaint; commencement of civil action by 
        Secretary; jurisdiction; preservation of assets

    The Secretary shall investigate such complaint and, if he finds 
probable cause to believe that a violation of this subchapter has 
occurred and has not been remedied, he shall, within sixty days after 
the filing of such complaint, bring a civil action against the labor 
organization as an entity in the district court of the United States in 
which such labor organization maintains its principal office to set 
aside the invalid election, if any, and to direct the conduct of an 
election or hearing and vote upon the removal of officers under the 
supervision of the Secretary and in accordance with the provisions of 
this subchapter and such rules and regulations as the Secretary may 
prescribe. The court shall have power to take such action as it deems 
proper to preserve the assets of the labor organization.

(c) Declaration of void election; order for new election; certification 
        of election to court; decree; certification of result of vote 
        for removal of officers

    If, upon a preponderance of the evidence after a trial upon the 
merits, the court finds--
        (1) that an election has not been held within the time 
    prescribed by section 481 of this title, or
        (2) that the violation of section 481 of this title may have 
    affected the outcome of an election,

the court shall declare the election, if any, to be void and direct the 
conduct of a new election under supervision of the Secretary and, so far 
as lawful and practicable, in conformity with the constitution and 
bylaws of the labor organization. The Secretary shall promptly certify 
to the court the names of the persons elected, and the court shall 
thereupon enter a decree declaring such persons to be the officers of 
the labor organization. If the proceeding is for the removal of officers 
pursuant to subsection (h) of section 481 of this title, the Secretary 
shall certify the results of the vote and the court shall enter a decree 
declaring whether such persons have been removed as officers of the 
labor organization.

(d) Review of orders; stay of order directing election

    An order directing an election, dismissing a complaint, or 
designating elected officers of a labor organization shall be appealable 
in the same manner as the final judgment in a civil action, but an order 
directing an election shall not be stayed pending appeal.

(Pub. L. 86-257, title IV, Sec. 402, Sept. 14, 1959, 73 Stat. 534.)
