Inasmuch as it is an unfair labor practice under the Labor
Management Relations Act (LMRA) for any employer (including persons
acting in that capacity) to dominate or interfere with the
administration of any labor organization, it follows that employers,
while they may be members, may not be candidates for office or serve as
officers. Thus, while it is recognized that in some industries,
particularly construction, members who become supervisors, or
contractors traditionally keep their union membership as a form of job
security or as a means of retaining union benefits, such persons may not
be candidates for or hold office. \29\ Whether a restriction on
officeholding by members who are group leaders or others performing some
supervisory duties is reasonable depends on the particular
circumstances. For instance, if such persons might be considered
``supervisors'' \30\ under the LMRA, their right to be candidates under
the Act may be limited. Another factor in determining the reasonableness
of a ban on such persons is the position (if any) of the NLRB on the
status of the particular employees involved. If, for example, the NLRB
has determined that certain group leaders are part of the bargaining
unit, it might be unreasonable for the union to prohibit them from
running for office. An overall consideration in determining whether a
member may fairly be denied the right to be a candidate for union office
as an employer or supervisor is whether there is a reasonable basis for
assuming that the person involved would be subject to a conflict of
interest in carrying out his representative duties for employees and
rank and file union members.
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\29\ See Nassau and Suffolk Contractors' Association, 118 NLRB No.
19 (1957). See also Local 636, Plumbers v. NLRB, 287 F.2d 354 (C.A. D.C.
1961).
\30\ Under section 2(11) of the Labor Management Relations Act,
supervisors include individuals ``having authority, in the interest of
the employer, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, or discipline other employees, or responsibly
to direct them, or to adjust their grievances, or effectively to
recommend such action, if in connection with the foregoing the exercise
of such authority is not of a merely routine or clerical nature, but
requires the use of independent judgment.''
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[38 FR 18324, July 3, 1973, as amended at 39 FR 37360, Oct. 21, 1974]
