---
kind: "section"
citation: "29 C.F.R. § 417.16"
title: "29"
number: "417.16"
heading: "Initiation of proceedings."
url: "https://uscodex.org/cfr/29/417.16"
---

# §417.16. Initiation of proceedings.

- (a) Any member of a local labor organization may file a complaint with the Office of Labor-Management Standards alleging that following a finding by the Administrative Review Board pursuant to [subpart A](/cfr/29/subpartA.md) that the constitution and bylaws of the labor organization pertaining to the removal of officers are inadequate, or a stipulation of compliance with the provisions of section 401(h) of the Act reached with the Chief, DOE in connection with a prior charge of the inadequacy of a union's constitution and bylaws to remove officers, as provided in [subpart A](/cfr/29/subpartA.md) of this part, the labor organization (1) has failed to act within a reasonable time, or (2) has violated the procedures agreed to with the Chief, DOE, or (3) has violated the principles governing adequate removal procedures under [§ 417.2(b)](/cfr/29/417.2.md?p=b).
- (b) The complaint must be filed pursuant to section 402(a) of the Act within one calendar month after one of the two following conditions has been met:
  - (1) The member has exhausted the remedies available to him under the constitution and bylaws of the organization, or
  - (2) The member has invoked such remedies without obtaining a final decision within three calendar months after invoking them.

## Notes

### Amendments

[59 FR 65716, Dec. 21, 1994, as amended at 62 FR 6093, Feb. 10, 1997; 78 FR 8025, Feb. 5, 2013]

### Authority

Authority: Secs. 401, 402, 73 Stat. 533, 534 (29 U.S.C. 481, 482); Secretary's Order No. 03-2012, 77 FR 69376, November 16, 2012; Secretary's Order No. 01-2020.

### Source

Source: 29 FR 8264, July 1, 1964, unless otherwise noted.

### Amendments

[59 FR 65716, Dec. 21, 1994, as amended at 62 FR 6093, Feb. 10, 1997; 78 FR 8025, Feb. 5, 2013]