Olms interpretative Manual

PRESUMPTIONOFVALIDITY

355.001LMRDA,SECTION304(c)

Inanyproceeding pursuanttothis sectionatrusteeship establishedbyalabororganizationin conformity with the procedural requirements of its constitution and bylaws and authorized orratified after a fair hearing either before the executive board or before such other body as may beprovided in accordance with its constitution or bylaws shall be presumed valid for a period ofeighteen months from the date of its establishment and shall not be subject to attack during suchperiod except upon clear and convincing proof that the trusteeship was not established ormaintainedin good faithfor a purposeallowable under section 302.

355.005RETROACTIVITY

The eighteen-month period is to be measured from the date of establishment of thetrusteeship,evenifestablishmentoccurred beforetheeffectivedate oftheAct,or beforelaborunioncoverage under the Act.

(Revised:Dec. 2016)

355.100EIGHTEEN-MONTHPERIOD

Enforcement of the provisions of Title III in proceedings under section 304 may be had atanytimeafterenactment.Theeighteen-monthperiod isnotaconditionofenforcement,but relates

onlytothe proofrequired inacourtproceeding,whenever brought.Insuch proceeding,a
trusteeship that meets stated conditions is “presumed” valid for a period of eighteen months fromestablishment. This is not a conclusive presumption; it may be rebutted by clear and convincingproof to the contrary. After the expiration of the eighteen-month period the presumption is to thecontrary;i.e.,thetrusteeshipispresumedinvalid.Buthereagainthepresumptionisrebuttableandmay be overcome by clear and convincing proof that continuation of the trusteeship is necessaryfora purpose allowable by section 302.

PRESUMPTIONOFINVALIDITY

356.001LMRDA, SECTION304(c)

After the expiration of eighteen months the trusteeship shall be presumed invalid in anysuchproceedinganditsdiscontinuanceshallbedecreedunlessthelabororganizationshallshowby clear and convincing proof that the continuation of the trusteeship is necessary for a purposeallowable under section 302. In the latter event the court may dismiss the complaint or retainjurisdictionof the causeonsuch conditionsand forsuch period as itdeems appropriate.