29 CFR 452.47 : 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) — Employer or supervisor members.

4 Aug 2016

Inasmuch as it is an unfair labor practice under the Labor Management Relations Act (LMRA) for any employer (including persons acting in that capacity) to dominate or interfere with the administration of any labor organization, it follows that employers, while they may be members, may not be candidates for office or serve as officers. Thus, while it is recognized that in some industries, particularly construction, members who become supervisors, or contractors traditionally keep their union membership as a form of job security or as a means of retaining union benefits, such persons may not be candidates for or hold office.

See Nassau and Suffolk Contractors' Association, 118 NLRB No. 19 (1957). See also Local 636, Plumbers v. NLRB, 287 F.2d 354 (C.A. D.C. 1961).

29 CFR 452.47
[38 FR 18324, July 3, 1973, as amended at 39 FR 37360, Oct. 21, 1974]