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29 CFR 452.34 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 100.101 To Parts 472-499) — Regulations Relating To Labor (§ 100.101 To Parts 472-499) — Office Of Labor-Management Standards, Department Of Labor (Part 400 To Parts 472-499) — Labor-Management Standards (Part 400 To § 453.26) — General Statement Concerning The Election Provisions Of The Labor-Management Reporting And Disclosure Act Of 1959 (§ 452.1 To § 452.138) — Candidacy For Office; Reasonable Qualifications (§ 452.32 To § 452.54) — Application of section 504, LMRDA.

4 Aug 2016

The eligibility of members of labor organizations to be candidates and to hold office in such organizations is subject only to the provisions of section 504(a), which bars individuals convicted of certain crimes from holding office in labor organizations

The disabling crimes set forth in the Act, sec. 504(a), as amended by sec. 803 of the Comprehensive Crime Control Act of 1984, Public Law 98-473, (29 U.S.C. 504) are robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, or a violation of title II or III of this Act, any felony involving abuse or misuse of a position or employment in a labor organization or employee benefit plan to seek or obtain an illegal gain at the expense of the members of the labor organization or the beneficiaries of the employee benefit plan, or conspiracy to commit any such crimes or attempt to commit any such crimes or a crime in which any of the foregoing crimes is an element.”

Note: The U.S. Supreme Court, on June 7, 1965, held unconstitutional as a bill of attainder the section 504 provision which imposes criminal sanctions on Communist Party members for holding union office; U.S. v. Brown, 381 U.S. 437.

29 CFR 452.34
[38 FR 18324, July 9, 1973, as amended at 50 FR 31311, Aug. 1, 1985]