(a) This part discusses the meaning and scope of the provisions of
title IV of the Labor-Management Reporting and Disclosure Act \1\
(hereinafter referred to as the Act), which deal with the election of
officers of labor organizations. These provisions require periodic
election of union officers, and prescribe minimum standards to insure
that such elections will be fairly conducted. Specific provisions are
included to assure the right of union members to participate in
selecting their officers without fear of interference or reprisal, and
to protect the right to nominate candidates, run for office, and vote in
officer elections. Title IV also sets forth the rights of candidates,
provides for secret ballots in appropriate cases, and requires notice of
nominations and elections, preservation of election records, and other
safeguards to insure fair elections. However, the Act does not prescribe
complete, detailed procedures for the nomination and election of union
officers.
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\1\ 73 Stat. 532-535, 29 U.S.C. 481-483.
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(b) Interpretations of the Assistant Secretary with respect to the
election provisions of title IV are set forth in this part to provide
those affected by these provisions of the Act with ``a practical guide *
* * as to how the office representing the public interest in its
enforcement will seek to apply it.'' \2\ The correctness of an
interpretation can be determined finally and authoritatively only by the
courts. It is necessary, however, for the Assistant Secretary to reach
informed conclusions as to the meaning of the law to enable him to carry
out his statutory duties of administration and enforcement. The
interpretations of the Assistant Secretary contained in this part, which
are issued upon the advice of the Solicitor of Labor, indicate the
construction of the law which will guide him in performing his duties
unless and until he is directed otherwise by authoritative rulings of
the courts or unless and until he subsequently announces that a prior
interpretation is incorrect. However, the fact that a particular problem
is not discussed in this part, or in interpretations supplementing it,
should not be taken to indicate the adoption of any position by the
Assistant Secretary with respect to such problem or to constitute an
administrative interpretation or practice.
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\2\ Skidmore v. Swift & Co., 323 U.S. 134 at 138 (1944).
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(c) To the extent that prior opinions and interpretations relating
to the election of officers of labor organizations under the Act are
inconsistent or in conflict with the principles stated in this part,
they are hereby rescinded and withdrawn.
