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Content Last Revised: 7/9/73
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter IV  

Office of Labor-Management Standards, Department of Labor

 

 

Part 452  

General Statement Concerning the Election Provisions of the Labor-Management Reporting and Disclosure Act of 1959

 

 

 

Subpart E  

Candidacy for Office; Reasonable Qualifications


29 CFR 452.41 - Working at the trade.

  • Section Number: 452.41
  • Section Name: Working at the trade.

    (a) It would ordinarily be reasonable for a union to require 
candidates to be employed at the trade or even to have
been so employed for a reasonable period. In applying such a rule an 
unemployed member is considered to be working at the trade if he is 
actively seeking such employment. Such a requirement should not be so 
inflexible as to disqualify those members who are familiar with the 
trade but who because of illness, economic conditions, or other good 
reasons are temporarily not working.
    (b) It would be unreasonable for a union to prevent a person from 
continuing his membership rights on the basis of failure to meet a 
qualification which the union itself arbitrarily prevents the member 
from satisfying. If a member is willing and able to pay his union dues 
to maintain his good standing and his right to run for office, it would 
be unreasonable for the union to refuse to accept such dues merely 
because the person is temporarily unemployed. Where a union constitution 
requires applicants for membership to be actively employed in the 
industry served by the union, a person who becomes a member would not be 
considered to forfeit his membership in the union or any of the 
attendant rights of membership merely because he is discharged or laid 
off.
    (c) Ordinarily members working part-time at the trade may not for 
that reason alone be denied the right to run for office.
    (d) A labor organization may postpone the right to run for office of 
members enrolled in a bona fide apprenticeship program until such 
members complete their apprenticeship.
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