A labor organization may establish certain restrictions on the right
to be a candidate on the basis of personal characteristics which have a
direct bearing on fitness for union office. A union may, for example,
require a minimum age for candidacy. However, a union may not establish
such rules if they would be inconsistent with any other Federal law.
Thus, it ordinarily may not limit eligibility for office to persons of a
particular race, color, religion, sex, or national origin since this
would be inconsistent with the Civil
Rights Act of 1964. \28\ Nor may it establish a general compulsory
retirement age or comparable age restriction on candidacy since this
would be inconsistent with the Age Discrimination in Employment Act of
1967, as amended. A union may not require candidates for office to be
registered voters and to have voted in public elections during the year
preceding their nominations. Nor may it require that candidates have
voted in the previous union election to be eligible. Such restrictions
may not be said to be relevant to the members' fitness for office.
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\28\ Shultz v. Local 1291, International Longshoremen's Association,
338 F. Supp. 1204 (E.D. Pa.), aff'd, 461 F.2d 1262 (C.A. 3 1972).
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[53 FR 8751, Mar. 17, 1988, as amended at 53 FR 23233, June 21, 1988]
