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May 14, 2009   
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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 452.40 - Prior office holding.

  • Section Number: 452.40
  • Section Name: Prior office holding.

    A requirement that candidates for office have some prior service in 
a lower office is not considered reasonable. \26\
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    \26\ Wirtz v. Hotel, Motel and Club Employees Union, Local 6, 391 
U.S. 492 at 504. The Court stated that the union, in applying such a 
rule, ``* * * assumes that rank and file union members are unable to 
distinguish qualified from unqualified candidates for particular offices 
without a demonstration of a candidate's performance in other offices. 
But Congress' model of democratic elections was political elections in 
this Country, and they are not based on any such assumption. Rather, in 
those elections the assumption is that voters will exercise common sense 
and judgment in casting their ballots. Local 6 made no showing that 
citizens assumed to make discriminating judgments in public elections 
cannot be relied on to make such judgments when, voting as union members 
* * *.''
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