Section 401(h) of the Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 481) provides that if, upon application of any member
of a local labor organization, the Secretary of Labor finds, after
hearing in accordance with the Administrative Procedure Act, that the
constitution and bylaws of such labor organization do not provide an
adequate procedure for the removal of an elected officer guilty of
serious misconduct, such officer may be removed for cause shown and
after notice and hearing, by the members in good standing voting in a
secret ballot. Section 401(i) (29 U.S.C. 481) requires the Secretary to
promulgate rules and regulations prescribing minimum standards and
procedures for determining the adequacy of the removal procedures
referred to in section 401(h). Section 402(a) (29 U.S.C. 482) provides
that a member of a labor organization who has exhausted the available
internal remedies of such organization and of any parent body, or who
has invoked such remedies without obtaining a final decision within
three months, may file a complaint with the Secretary within one month
thereafter alleging violation of section 401 (including violation of the
constitution and bylaws of the labor organization pertaining to the
removal of officers). Section 402(b) (29 U.S.C. 482) provides that upon
suit initiated by the Secretary, a Federal court may direct the conduct
of a hearing and vote upon the removal of officers under the supervision
of the Secretary, and in accordance with such rules and regulations as
the Secretary may prescribe. It is the purpose of this part to implement
those sections by prescribing regulations relating to the procedures and
standards for determining the adequacy of removal procedures and the
procedures for holding elections for the removal of officers.
