(a) Chief, DOE means the Chief of the Division of Enforcement within
the Office of Labor-Management Standards, Employment Standards
Administration.
(b) Adequate procedure shall mean any procedure which affords
reasonable and equitable opportunity for (1) trial of an officer(s)
charged with serious misconduct, and (2) removal of such an officer(s)
if found guilty, and which contains the elements set forth in each of
the subparagraphs of this paragraph: Provided, however, That any other
procedure which provides otherwise reasonable and equitable measures for
removal from office may also be considered adequate:
(1) A reasonable opportunity is afforded for filing charges of
serious misconduct against any elected officer(s) without being subject
to retaliatory threats, coercion, or acts of intimidation.
(2) The charges of serious misconduct are communicated to the
accused officer(s), and reasonable notice is given the members of the
organization, reasonably in advance of the time for hearing thereon.
(3) Subject to reasonable restrictions, a fair and open hearing upon
such charges is held after adequate notice and adequate opportunity is
afforded for testimony or the submission of evidence in support of or in
opposition to such charges. Within a reasonable time following such
hearing, a decision is reached as to the guilt or innocence of the
accused.
(4) If the hearing upon such charges is held before a trial
committee or other duly authorized body, reasonable notice of such
body's findings is given to the membership of the organization promptly.
(5) If such accused officer(s) is found guilty, he may be removed by
a procedure which includes:
(i) A secret ballot vote of the members at an appropriately called
meeting, or
(ii) A vote of a trial committee or other duly authorized body,
subject to appeal and review by the members voting by a secret ballot at
an appropriately called meeting.
(6) Within a reasonable time after the charges of serious misconduct
are filed with the labor organization final disposition (including
appellate procedures) is made of the charges.
(c) Elected officer means any constitutional officer, any person
authorized to perform the functions of president, vice-president,
secretary, treasurer, or other executive functions of a labor
organization, and any member of its executive board or similar governing
body.
(d) Cause shown means substantial evidence of serious misconduct.
(e) Interested person means any person or organization whose
interests are or may be affected by a proceeding.
(f) Court means the district court of the United States in the
district in which the labor organization in question maintains its
principal office.
[29 FR 8264, July 1, 1964, as amended at 29 FR 8480, July 7, 1964; 29 FR
9537, July 14, 1964; 50 FR 31310, Aug. 1, 1985; 62 FR 6093, Feb. 10,
1997; 63 FR 33779, June 19, 1998]
