29 CFR 452.50 : 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) — Disqualification as a result of disciplinary action.

4 Aug 2016

Section 401(e) was not intended to limit the right of a labor organization to take disciplinary action against members guilty of misconduct. So long as such action is conducted in accordance with section 101(a)(5), a union may, for example, if its constitution and bylaws so provide, bar from office for a period of time any member who is guilty of specific acts, such as strikebreaking, detrimental to the union as an institution. However, if a union has improperly disciplined a member and barred him from candidacy, the Secretary may, in an appropriate case, treat him as a member in good standing entitled to all of the rights of members guaranteed by title IV.

29 CFR 452.50