Olms interpretative Manual

OTHERLEGITIMATEOBJECTS

315.005PREVENTINGIMPROPERBYLAWSCHANGES

Where the international president, acting within the authority granted to him in theinternational constitution, interprets the actions of a local union as being in conflict with theinternationalconstitution,hemayvalidlyimposeatrusteeshipoverthelocalifempowered bytheinternationalconstitutionto do so for that purpose.

Consequently, if a local union were to adopt new bylaws that the international presidentinterpreted as being contrary to the provisions of the international constitution, it would seem thathemay validly impose a trusteeshipover the local union.

(Revised:Dec. 2016)

315.007ENFORCEMENTOF CONSTITUTIONAND BYLAWS

Inappropriatecircumstances,theDepartmentmay considertheuniformenforcement of

lawful provisions of a subordinate labor organization’s constitution and bylaws a legitimate objectof a parent labor organization and, if so, will not challenge a trusteeship established for thispurpose,providedthatthetrusteeshipwasimposedinaccordancewiththeconstitutionandbylawsofthe organizations involved.

315.100PREVENTINGSECESSIONOF AFFILIATE

If preventing an affiliated subordinate labor organization is a purpose of a parent labororganization in imposing the trusteeship, that does not necessarily mean the trusteeship isunlawful.One condition that must be met for a parent union to lawfully impose a trusteeship toprevent disaffiliation is that disaffiliation must be prohibited by the parent union’s governingdocument(s)anditspreventionauthorizedbysuchdocument(s)asabasisforatrusteeship.See,e.g.,Boilermakersv. Local Lodge714, 845 F.2d687, 691, 128 LRRM 2259, 2260 (7thCir.

1988); Local 450 v. International Union of Elec., Elec., Salaried Mach. & Furniture Workers, 30F.Supp. 2d 574, 578,579–80, 159 LRRM 2989,2994and 2996 (E.D.N.Y. 1998).In addition,
preventing disaffiliation is not permissible as a sole purpose for a trusteeship, and must becombined with at least one other valid purpose for the trusteeship to be lawful.See, e.g.,International Brotherhood of Boilermakersv. Local Lodge D474, 673 F.Supp. 199, 203-04, 129LRRM 2309, 2313 (W.D.Tex.1987); C.A.P.E. Local Union 1983v. International Brotherhood ofPainters&Allied Trades, 598 F. Supp. 1056, 1069-70 (D.N.J.1984).

(Revised:Dec. 2016)

315.200RACIALDISCRIMINATION

A trusteeship imposed by an international union on a local union because the local unionwas continuing a course of discriminatory and unequal treatment of members on the grounds ofrace was established for the purpose of “carrying out the legitimate objects of such organization:withinthe meaning of section 302 ofthe Act.