Olms interpretative Manual

COMPLAINTBYMEMBERTOSECRETARY

353.001LMRDA, SECTION304(a)

Upon the written complaint of any member or subordinate body of a labor organizationalleging that such organization has violated the provisions of this title (except section 301) theSecretary shall investigate the complaint and if the Secretary finds probable cause to believe thatsuch violation has occurred and has not been remedied he shall, without disclosing the identity ofthe complainant, bring a civil action in any district court of the United States having jurisdiction ofthelabor organizationfor such relief(including injunctions) asmay be appropriate.

353.005WRITTENCOMPLAINT

Investigations under section 302 need not be predicated upon a written complaint,inasmuchasthebroadinvestigative powersgrantedtheSecretary undersection601authorize aninvestigation whenever the Secretary believes such is necessary “in order to determine whetheranypersonhas violated,any provision of thisAct.”

Insofar as the enforcement power of the Secretary is concerned, investigations of section302 which are predicated on the authority of section 601 cannot result in formal enforcementaction in the absence of a written complaint.However, the Secretary has the power, under suchcircumstances, to “report to interested persons or officials concerning the facts required to beshownin any reportrequired bythistitle.”

*353.100RENEWAL OFCOMPLAINT

If the Secretary has received a complaint alleging violation of Title III before the end ofthe18monthperiodofpresumptivevalidity, hemaytakeenforcementactionafter theexpirationofthe 18 month period withouta new complaint.

ACTIONBYTHE SECRETARYOFLABOR

354.001LMRDA, SECTION306

The rights and remedies provided by this title shall be in addition to any and all otherrights and remedies at law or in equity: Provided, that upon the filing of a complaint by theSecretary the jurisdiction of the district court over such trusteeship shall be exclusive and the finaljudgmentshall beresjudicata.

(TechnicalRevision:Jan. 2021)

354.005WHEREVIOLATIONREMEDIED

Thelanguageof section304(a) doesnot requiretheSecretarytobringcivilaction wherethematters complained of have been remedied.

354.100PROCESSINGOF COMPLAINTS

After receipt of a valid complaint under section 304(a) of the Act, OLMS conducts aninvestigation that includes the development of all facts available to ascertain: (1) whether atrusteeship has in fact been imposed; (2) whether it has been imposed in accordance with theorganization’s constitution and bylaws; and (3) whether it has been imposed for a purposeallowable under the Act.The report of the investigative findings is then reviewed for adetermination of the OLMS issues.OLMS then notifies the parties concerned of its findings.(Itis important to note that OLMS is required notto disclose the identity of the complainant.)IfOLMS finds cause to believe that a violation has occurred, it will take such steps as are necessaryunder section304(a).

Onthequestionofwhetheranaggrievedindividualmayfileaprivatesuit,theDepartmentof Labor has taken the position that the statutory language permits a member to maintain such asuit under section 304(a) as a supplemental and accessory method of securing complete reliefwhere appropriate jurisdictional grounds exist for direct action by the member against the labororganization.

(Revised:Dec. 2016)