The provisions of section 401(g) prohibit any showing of preference by a labor organization or its officers which is advanced through the use of union funds to criticize or praise any candidate. Thus, a union may neither attack a candidate in a union-financed publication nor urge the nomination or election of a candidate in a union-financed letter to the members. Any such expenditure regardless of the amount, constitutes a violation of section 401(g).
38
38 Hodgson v. Liquor Salesmen's Union, Local No. 2, 334 F.Supp. 1369 (S.D. N.Y.) aff'd 444 F.2d 1344 (C.A. 2 1971); Shultz v. Local Union 6799, United Steelworkers, 426 F.2d 969 (C.A. 9 1970).
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
source: 38 FR 18324, July 9, 1973, unless otherwise noted.
cite as: 29 CFR 452.75