The eligibility of members of labor organizations to be candidates
and to hold office in such organizations is subject only to the
provisions of section 504(a), which bars individuals convicted of
certain crimes from holding office in
labor organizations \23\ and to reasonable qualifications uniformly
imposed. A person who is barred from serving in union office by section
504(a) is not eligible to be a candidate. However, a labor organization
may permit a person who is barred from holding union office by section
504(a) to be a candidate for office if the section 504 disability will
terminate by the customary date for the installation of officers. A
labor organization may within reasonable limits adopt stricter standards
than those contained in section 504(a) by extending the period of
disability or by barring from union office persons who have been
convicted of crimes other than those specified.
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\23\ The disabling crimes set forth in the Act, sec. 504(a), as
amended by sec. 803 of the Comprehensive Crime Control Act of 1984,
Public Law 98-473, (29 U.S.C. 504) are robbery, bribery, extortion,
embezzlement, grand larceny, burglary, arson, violation of narcotics
laws, murder, rape, assault with intent to kill, assault which inflicts
grievous bodily injury, or a violation of title II or III of this Act,
any felony involving abuse or misuse of a position or employment in a
labor organization or employee benefit plan to seek or obtain an illegal
gain at the expense of the members of the labor organization or the
beneficiaries of the employee benefit plan, or conspiracy to commit any
such crimes or attempt to commit any such crimes or a crime in which any
of the foregoing crimes is an element.''
Note: The U.S. Supreme Court, on June 7, 1965, held unconsitutional
as a bill of attainder the section 504 provision which imposes criminal
sanctions on Communist Party members for holding union office; U.S. v.
Brown, 381 U.S. 437.
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[38 FR 18324, July 9, 1973, as amended at 50 FR 31311, Aug. 1, 1985]
