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DOL/OAW

RIN: 1294-AA09

Publication ID: Fall 1995

Title: Eligibility Requirements for Candidacy for Union Office
Abstract: A NPRM has been issued soliciting comments on a proposed revision of the Department's regulation on the reasonableness of a union's meeting attendance requirement for union officer candidacy so that the regulation will conform to the decision of the D.C. Circuit in Doyle v. Brock, 821 F.2d 788 (1987). 29 CFR 452.38 currently provides that the reasonableness of a union rule requiring candidates to have attended a specified number of membership meetings during the period immediately preceding the election must be gauged in the light of all the circumstances of the particular case, including the impact of the rule (i.e., the number or percentage or members disqualified by its application). In Doyle, the court found that the Secretary was arbitrary and capricious in not bringing litigation against a local in connection with its meeting attendance requirement that disqualified 97 percent of the membership. The court found that the impact of the rule was sufficient to make it unreasonable without regard to any other circumstances. The NPRM was prepared after reviewing comments from the public on the previously issued ANPRM.
Agency: Department of Labor(DOL)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
CFR Citation: 29 CFR 452.38
Legal Authority: 29 USC 481 29 USC 482

Timetable:

Action	Date	FR Cite
ANPRM	06/15/1994	59 FR 30834
ANPRM Comment Period End	08/15/1994
NPRM	05/17/1995	60 FR 26388
NPRM Comment Period End	07/17/1995
Final Action	11/00/1995

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Included in the Regulatory Plan: No
Agency Contact: Kay H. Oshel Chief, Division of Interpretations and Standards, OLMS Department of Labor Employment Standards Administration Room N5605, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 693-0123 Fax:202 693-1340 Email: koshel@fenix2.dol-esa.gov