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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter IV  

Office of Labor-Management Standards, Department of Labor

 

 

Part 458  

Standards of Conduct

 

 

 

Subpart A  

Substantive Requirements Concerning Standards of Conduct


29 CFR 458.28 - Presumption of validity.

  • Section Number: 458.28
  • Section Name: Presumption of validity.

    In any proceeding involving Sec. 458.26, 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 and bylaws shall
be presumed valid for a period of 18 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 purposes allowable under 
Sec. 458.26. After the expiration of 18 months the trusteeship shall be 
presumed invalid in any such proceeding, unless the labor organization 
shall show by clear and convincing proof that the continuation of the 
trusteeship is necessary for a purpose allowable under Sec. 458.26.

                              
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