Olms interpretative Manual

REMOVALOFOFFICERS -INGENERAL

490.001 LMRDA,SECTION401

8. 
   If the Secretary, upon application of any member of a local labor organization, findsafter hearing in accordance with the Administrative Procedure Act that the constitution andbylaws of such labor organization do not provide an adequate procedure for the removal of anelected officer guilty of serious misconduct, such officer may be removed, for cause shown andafter notice and hearing, by the members in good standing voting in a secret ballot conducted bythe officers of such labor organization in accordance with its constitution and bylaws insofar astheyare notinconsistentwith the provisions of this title.
   

8. 
   TheSecretaryshallpromulgaterulesandregulationsprescribingminimumstandardsand procedures for determining the adequacy of the removal procedures to which reference ismadein subsection (h).
   

See 29CFR 417
490.005 REMOVAL PROCEDURES APPLY ONLY TO LOCAL OFFICERSRemovalprovisionsinsection401(h)refer specificallytoofficersoflocallabor
organizationsand donotinclude officersof intermediate orinternational bodies.See,e.g. Vitrano

v.Marshall,504 F.Supp.1381, 107 LRRM2935 (D.D.C. 1981).

(TechnicalRevisions:Dec. 2016)

490.100 401(h)and(i)applyonlybeforeofficerhasbeen removed

Sections 401(h) and (ii) of the LMRDA are addressed to procedures for removing officersbeforeremoval has become an accomplished fact.

This would apply whether or not the officer had been removed in accordance with theconstitutionandbylawsofthe labororganization.Thelegislative historyofsections 401(h)and
(ii) clearly supports this conclusion.See, e.g. Smallv. Department of Labor, 796 F.Supp. 1089,142LRRM 2755 (S.D. Oh.1992), aff'd986 F.2d1422, 142 LRRM 2936 (6th Cir. 1993).

(TechnicalRevisions:Dec. 2016)