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Code · CFR · Title 29 — Labor · Part 452 · § 452.5

§ 452.5. Effect of violation on outcome.

118 words·~1 min read·/us/cfr/t29/s§ 452.5·

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Since the remedy under section 402 is contingent upon a finding by the court, among other things, that the violation "may have affected the outcome of an election" 5 the Secretary as a matter of policy will not file suit to enforce the election provisions unless the violations found are such that the outcome may have been affected. 6 5 Act, sec. 402(b) (29 U.S.C. 482). 6 Dunlop v. Bachowski, 421 U.S. 560, 570 (1975), citing Wirtz v. Glass Bottle Blowers, 389 U.S. 463, 472
(1968)and Schonfeld v. Wirtz, 285 F. Supp. 705, 707-708 (S.D.N.Y. 1966). \[38 FR 18324, July 9, 1973, as amended at 50 FR 31310, Aug. 1, 1985; 63 FR 33780, June 19, 1998\]
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  • 421 U.S. 560
  • 389 U.S. 463
  • 285 F. Supp. 705
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