§ 417.16. Initiation of proceedings.
217 words·~1 min read·
/us/cfr/t29/s§ 417.16·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any member of a local labor organization may file a complaint with the Office of Labor-Management Standards alleging that following a finding by the Administrative Review Board pursuant to subpart A that the constitution and bylaws of the labor organization pertaining to the removal of officers are inadequate, or a stipulation of compliance with the provisions of section 401(h) of the Act reached with the Chief, DOE in connection with a prior charge of the inadequacy of a union's constitution and bylaws to remove officers, as provided in subpart A of this part, the labor organization
(1)has failed to act within a reasonable time, or
(2)has violated the procedures agreed to with the Chief, DOE, or
(3)has violated the principles governing adequate removal procedures under § 417.2(b).
(b)The complaint must be filed pursuant to section 402(a) of the Act within one calendar month after one of the two following conditions has been met:
(1)The member has exhausted the remedies available to him under the constitution and bylaws of the organization, or
(2)The member has invoked such remedies without obtaining a final decision within three calendar months after invoking them. \[59 FR 65716, Dec. 21, 1994, as amended at 62 FR 6093, Feb. 10, 1997; 78 FR 8025, Feb. 5, 2013\]