29 CFR § 452.5 - Effect of violation on outcome.
---
identifier: "/us/cfr/t29/s452.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 452.5 - Effect of violation on outcome."
title_number: 29
title_name: "Labor"
section_number: "452.5"
section_name: "Effect of violation on outcome."
chapter_name: "OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR"
subchapter_number: "A"
subchapter_name: "LABOR-MANAGEMENT STANDARDS"
part_number: "452"
part_name: "GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT OF 1959"
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. 532, 534 (29 U.S.C. 481, 482); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012."
regulatory_source: "38 FR 18324, July 9, 1973, unless otherwise noted."
cfr_part: "452"
---
# 452.5 Effect of violation on outcome.
Since the remedy under section 402 is contingent upon a finding by the court, among other things, that the violation “may have affected the outcome of an election”
<sup>5</sup>
[^] the Secretary as a matter of policy will not file suit to enforce the election provisions unless the violations found are such that the outcome may have been affected.
<sup>6</sup>
[^]
<sup>5</sup> Act, sec. 402(b) (29 U.S.C. 482).
<sup>6</sup> *Dunlop* v. *Bachowski,* 421 U.S. 560, 570 (1975), citing *Wirtz* v. *Glass Bottle Blowers,* 389 U.S. 463, 472 (1968) and *Schonfeld* v. *Wirtz,* 285 F. Supp. 705, 707-708 (S.D.N.Y. 1966).
[38 FR 18324, July 9, 1973, as amended at 50 FR 31310, Aug. 1, 1985; 63 FR 33780, June 19, 1998]