29 C.F.R. § 452.5
Current through March 31, 2024
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" 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.
Act, sec. 402(b) (29 U.S.C. 482 ).
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).
29 C.F.R. §452.5