(a) Any member of a labor organization may file a complaint with the
Office of Labor-Management Standards alleging that there have been
violations of requirements of the Act concerning the election of
officers, delegates, and representatives (including violations of
election provisions of the organization's constitution and bylaws that
are not inconsistent with the Act.).\57\ The complaint may not be filed
until one of the two following conditions has been met: (1) The member
must have exhausted the remedies available to him under the constitution
and bylaws of the organization and its parent body, or (2) he must have
invoked such remedies without obtaining a final decision within three
calendar months after invoking them.
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\57\ Act, sec. 402(a).
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(b) If the member obtains an unfavorable final decision within three
calendar months after invoking his available remedies, he must file his
complaint within one calendar month after obtaining the decision. If he
has not obtained a final decision within three calendar months, he has
the option of filing his complaint or of waiting until he has exhausted
the available remedies within the organization. In the latter case, if
the final decision is ultimately unfavorable, he will have one month in
which to file his complaint.
