29 CFR § 417.16 - Initiation of proceedings.

---
identifier: "/us/cfr/t29/s417.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 417.16 - Initiation of proceedings."
title_number: 29
title_name: "Labor"
section_number: "417.16"
section_name: "Initiation of proceedings."
chapter_name: "OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR"
subchapter_number: "A"
subchapter_name: "LABOR-MANAGEMENT STANDARDS"
part_number: "417"
part_name: "PROCEDURE FOR REMOVAL OF LOCAL LABOR ORGANIZATION OFFICERS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481, 482); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012; Secretary's Order No. 01-2020."
regulatory_source: "29 FR 8264, July 1, 1964, unless otherwise noted."
cfr_part: "417"
---


# 417.16 Initiation of proceedings.

(a) Any member of a local labor organization may file a complaint with the Office of Labor-Management Standards alleging that following a finding by the Administrative Review Board pursuant to subpart A that the constitution and bylaws of the labor organization pertaining to the removal of officers are inadequate, or a stipulation of compliance with the provisions of section 401(h) of the Act reached with the Chief, DOE in connection with a prior charge of the inadequacy of a union's constitution and bylaws to remove officers, as provided in subpart A of this part, the labor organization (1) has failed to act within a reasonable time, or (2) has violated the procedures agreed to with the Chief, DOE, or (3) has violated the principles governing adequate removal procedures under § 417.2(b).

(b) The complaint must be filed pursuant to section 402(a) of the Act within one calendar month after one of the two following conditions has been met:

(1) The member has exhausted the remedies available to him under the constitution and bylaws of the organization, or

(2) The member has invoked such remedies without obtaining a final decision within three calendar months after invoking them.

[59 FR 65716, Dec. 21, 1994, as amended at 62 FR 6093, Feb. 10, 1997; 78 FR 8025, Feb. 5, 2013]