Page:United States Statutes at Large Volume 73.djvu/569

 73

STAT.]

PUBLIC LAW 86-257-SEPT. 14, 1959

PURPOSES FOR W H I C H A T R U S T E E S H I P M A Y BE ESTABLISHED

SEC. 302. Trusteeships shall be established and administered hj a labor organization over a subordinate body only in accordance with the constitution and bylaws of the organization which has assumed trusteeship over the subordinate body and for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreements or other duties of a bargaining representative, restoring democratic procedureSj or otherwise carrying out the legitimate objects of such labor organization. U N L A W F U L ACTS RELATING TO LABOR ORGANIZATION U N D E R T R U S T E E S H I P

SEC. 303. (a) During any; period when a subordinate body of a labor organization is in trusteeship, it shall be unlawful (1) to count the vote of delegates from such body in any convention or election of officers of the labor organization unless the delegates have been chosen by secret ballot in an election in which all the members in good standing of such subordinate body were eligible to participate, or (2) to transfer to such organization any current receipts or other funds of the subordinate body except the normal per capita tax and assessments payable by subordinate bodies not in trusteeship: Provided, That nothing herein contained shall prevent the distribution of the assets of a labor organization in accordance with its constitution and bylaws upon the bona fide dissolution thereof. (b) Any person who willfully violates this section shall be fined not more than $10,000 or imprisoned for not more than one year, or both. ENFORCEMENT

SEC. 304. (a) Upon the written complaint of any member or subordinate body oi a labor organization alleging that such organization has violated the provisions of this title (except section 301) the Secretary shall investigate the complaint and if the Secretary finds probable cause to believe that such violation has occurred and has not been remedied he shall, without disclosing the identity of the complainant, bring a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate. Any member or subordinate body of a labor organization affected by any violation of this title (except section 301) may brin^ a civil action in any district court of the United States having jurisdiction of the labor organization for such relief (including injunctions) as may be appropriate. (b) For the purpose of actions under this section, district courts of the United States shall be deemed to have jurisdiction of a labor organization (1) in the district in which the principal office of such labor organization is located, or (2) in any district in which its duly authorized officers or agents are engaged in conducting the affairs of the trusteeship. (c) I n any proceeding pursuant to this section a trusteeship established by a labor organization in conformity with the procedural requirements of its constitution and bylaws and authorized or ratified after a fair hearing either before the executive board or before such other body as may oe provided in accordance with its constitution or bylaws shall be presumed valid for a period of eighteen months from the date of its establishment and shall not be subject to attack during such period except upon clear and convincing proof that the trusteeship was not established or maintained in good faith for a purpose allowable under section 302. After the expiration of eighteen months the trusteeship shall be presumed invalid m any such proceeding and

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