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- Code of Federal Regulations
- 2021 Edition
- Title 29. Labor
- Subtitle B. Regulations Relating to Labor
- Chapter IV. Office of Labor-Management Standards, Department of Labor
- Subchapter A. Labor-Management Standards
- Part 452. General Statement Concerning the Election Provisions of the Labor-Management Reporting and Disclosure Act of 1959
- Subpart E. Candidacy For Office; Reasonable Qualifications
29 C.F.R. § 452.36 Reasonableness of Qualifications
Library | Code of Federal Regulations |
Edition | 2021 Edition |
Currency | Current through February 28, 2022 |
Citation | 29 C.F.R. § 452.36 |
Year | 2021 |
(a) The question of whether a qualification is reasonable is a matter which is not susceptible of precise definition, and will ordinarily turn on the facts in each case. However, court decisions in deciding particular cases have furnished some general guidelines. The Supreme Court in
- Congress plainly did not intend that the
authorization in section 401(e) of 'reasonable qualifications uniformly
imposed' should be given a broad reach. The contrary is implicit in the
legislative history of the section and in its wording that 'every member in
good standing shall be eligible to be a candidate and to hold office * * *.'
This conclusion is buttressed by other provisions of the Act which stress
freedom of members to nominate candidates for Office. Unduly restrictive
candidacy qualifications can result in the abuses of entrenched leadership that
the LMRDA was expressly enacted to curb. The check of democratic elections as a
preventive measure is seriously impaired by candidacy qualifications which
substantially deplete the ranks of those who might run in opposition to
incumbents.
- Union qualifications for office should not be based on
assumptions that certain experience or qualifications are necessary. Rather it
must be assumed that the labor organization members will exercise common sense
and judgment in casting their ballots. "Congress' model of democratic elections
was political elections in this country" (
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