Olms interpretative Manual

INITIATINGAVAILABLEUNIONREMEDIES

472.100REASONABLE TIME

Section 402(a) does not specify any time limitation within which a union member mustinitiatehisinternalunionremedies.However,inviewoftheCongressionalintentthat electionprotests be expeditiously resolved, a union member should initiate available internal unionremedies within a reasonable time (1) after the election has been held or (2) after he couldreasonably become aware of some violation in the conduct of the election.What a reasonabletimewould be in a particularcase would dependupon the facts in that case.

472.105DELAYIN FILINGPROTEST

Wherealocalunionmemberwaitedmorethanayearaftertheelection beforeinitiatinghisinternal union remedies to protest the election in a union where the constitution and bylawsrequiredsuchremediestobeinitiatedwithin30days;andwherehisdelaywasnotcausedbyfraud or misrepresentation on the part of the union or any of its officers, it is the Department’spositionthathis internalprotest wasnottimely filed within the meaning ofsection402(a).

472.200CONFLICTIN UNIONPROCEDURES

Where the International Constitution requires election complaints to be initiated within 48hours of election and addressed to the local union, and the local bylaws require an electioncomplaint to be made, not to the local but to the International President, within 48 hours of theelection, and a complainant following the procedure of the local bylaws, complained to theInternational President within the allotted time (a copy of which complaint was received by thelocal 5 days after the election), the local union cannot claim that the complainant has not timelyinvoked the appeals procedure because a union may not hide behind confusion which it hadcreateditself.Evenwhenaunionis notthecauseofconfusion,courtshaveoftenexcusedmemberproteststhatmissdeadlinesorotherwisefailtofullycomplywiththeunion’sconstitutionor bylaws.See, e.g., Donovanv. CSEA Local Union 1000 AFSCME, 761 F.2d 870, 119 LRRM2249(2d Cir. 1985);Donovanv. CWA Local3122, 740 F.2d 860, 117 LRRM 2153(11th Cir.

1984); Reichv.UBCJA, Civ.A. No. 92–2134(JHG), 1993WL 441967, 144LRRM 2370
(D.D.C.Sept. 22, 1993).

(Revised:Dec.2016;TechnicalRevisions:Jan.2021)

Complainantattemptedto follow thelocal unionappealsprocedure.Hewas misledbythefact that his local bylaws were in conflict with the International Constitution.Even though theInternational Constitution would ordinarily by controlling, we would consider his action to haveproperlyinvokedhis internalremediesand heisnot barredfromfiling anactionablecomplaint.

472.300PROCEDUREWHERE UNIONIN TRUSTEESHIP

Wherealocalwas undertrusteeshipat thetimean electionwaschallenged, itwasproperfor a member to make his initial protest of the election to the trustee rather than in the mannerprescribed by the local bylaws since, at that time, the trustee was solely responsible for allactivitiesof the local, includingthe conduct of the election.

SeeManualEntry 323.200.