29 U.S.C. § 464 — Civil action for enforcement
submitted 67 years ago by Pub. L. 86-257 to r/title-29-LABOR · 418 words · no verdicts yet
A union member, a subordinate union, or the Secretary of Labor can sue in federal court over a violation of the trusteeship rules (except the reporting rule in section 461). A trusteeship set up following proper procedure is presumed valid for its first 18 months, and presumed invalid after that unless the union proves it is still needed for a legitimate purpose.
(a) Complaint; investigation; commencement of action. If a union member or a subordinate body files a written complaint saying a labor organization violated this subchapter (other than the reporting rule in section 461), the Secretary must investigate. If the Secretary finds probable cause that the violation happened and hasn't been fixed, the Secretary must sue in federal district court — without revealing who complained — for whatever relief fits, including an injunction. A union member or subordinate body affected by such a violation can also sue directly in federal district court for the same kind of relief.
(b) Venue. For these lawsuits, a federal district court has jurisdiction over a labor organization either in the district where its main office is, or in any district where its authorized officers or agents are running the trusteeship.
(c) Presumptions about whether a trusteeship is valid. If a trusteeship was set up following the labor organization's own constitution and bylaws, and was approved or ratified after a fair hearing before its executive board or another body its rules provide for, the trusteeship is presumed valid for its first 18 months. During that time, it can only be challenged with clear and convincing proof that it was not created or kept going in good faith for a purpose allowed under section 462. After 18 months, the presumption flips: the trusteeship is presumed invalid, and a court must order it ended, unless the labor organization proves with clear and convincing evidence that continuing it is still necessary for a purpose section 462 allows. If the organization makes that showing, the court can either dismiss the case or keep jurisdiction over it, under whatever conditions and for whatever time period the court thinks fit.
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.
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.
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.
Source credit: (Pub. L. 86–257, title III, § 304, Sept. 14, 1959, 73 Stat. 531.)
- 1959Enacted · Pub. L. 86-257 · 73 Stat. 531
A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-257 on 1959-09-14.
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