Olms interpretative Manual

THETRUSTEE

321.005APPOINTING ASSISTANTS

If a trusteeship has been established and is being administered in conformity with therequirements of Title III and with the constitution of the labor organization which has assumedtrusteeship,nothinginTitleIVwouldpreventthetrusteefromappointingindividualstoassisthim

incarrying outthe purpose forwhich the trusteeshipwas established.

*321.100AUTHORITYINGENERAL

Withtheexceptionof theactivitiesspecifically prohibitedinsection303,theActdoesnotdefine in detail the degree or type of control that may be employed by a parent labor organizationadministering a trusteeship.If the governing rules of the international union permit, theInternational through its trustee, may suspend the constitution and bylaws of the local, appointofficers, a business agent or the trustees of a joint trust fund.The trustee may also vacate officeswhere circumstances warrant, appoint the chairman of meetings, or postpone or suspend regularmembership meetings if such action would further the legitimate purposes for which thetrusteeshipwas imposed.

See,e.g., Blassie v.Poole, 58 LRRM 2359(E.D. Mo. 1965).

(TechnicalRevisions:Dec. 2016)

PARTICIPATINGINELECTIONS OFSUPERIORBODIES

322.001LMRDA, SECTION303(a)

During any period when a subordinate body of a labor organization is in trusteeship, itshallbe unlawful (1)to count thevote of delegates fromsuch body inanyconventionor electionof officers of the labor organization unless the delegates have been chosen by secret ballot in anelection in which all the members in good standing of such subordinate body were eligible toparticipate.

*322.005MEANINGOF“ANYCONVENTION”

Section303(a)(1)coversanyregularorspecial conventionofanational orinternationallabororganization or intermediatebody such asa joint councilor conference.The word

“convention” is considered to apply to any organized assembly of delegates from constituentorganizational units which meets to act upon basic union policy and in which the delegatesrepresentthe interests of the members of theirrespective units.

322.100DELEGATES FROMTRUSTEEDLOCALS

Section 303(a)(1) of the Act prohibits counting the votes of delegates or representatives toconventions of a national or international labor organization or intermediate body, appointed by atrustee from an organization under trusteeship, but this does not prevent such delegates orrepresentativesfromattendingtheseconventions.Iftheorganizationimposingthetrusteeshiphasnot suspended the trusteed organization’s right to elect delegates or representative to conventions,theorganization may electdelegatesthat havefull voting powerstoanysuchconvention.

322.105DELEGATESAPPOINTEDFROMELECTEDGROUP

Local Xelected six delegates to the International Convention.Subsequently a validtrusteeship was imposed over Local Xby the International and a trustee was appointed.Thetrusteeselectedthree ofthesix delegatesto attendtheconvention.Twoof thesethreedelegateswouldnot have been electedif the membership hadvoted foronly threedelegates.

ThisOfficetook theposition thatappointment froma groupthat hasbeenelectedby secret

ballotisnotthesame aselection bysecretballot andthatifthe votesofsuch delegateswerecountedat the convention, such counting would be a violation ofsection303 ofthe Act.

322.110REPRESENTATION ATCONVENTION

Whereatrusteeship isimposed inaccordance withthe provisionsof TitleIII ofLMRDAand results in complete suspension of the autonomy otherwise available to the trusteed local, theDepartment’s position is that the Act does not require that the trusteed local be represented bydelegatesatthe international convention.

322.200VOTINGON ISSUES

Theprohibitioninsection303(a)againstcountingthevotesofdelegatesorrepresentativesfrom a trusteed labor organization who have not been chosen by secret ballot at any convention orelection of officers includes a meeting, conference, convention, or other assemblage of a nationalor international labor organization, or intermediate body, and is applicable to voting on issues aswellas voting for officers.