---
kind: "section"
citation: "29 U.S.C. § 482"
title: "29"
title_heading: "Labor"
number: "482"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/482"
units:
  - "Chapter 11 — Labor-Management Reporting and Disclosure Procedure"
  - "Subchapter V — Elections"
---

# §482. Enforcement

- (a) **Filing of complaint; presumption of validity of challenged election—** A member of a [labor organization](/usc/29/402.md?p=i)—
  - (1) who has exhausted the remedies available under the constitution and bylaws of such organization and of any parent body, or
  - (2) who has invoked such available remedies without obtaining a final decision within three calendar months after their invocation,

  may file a complaint with the [Secretary](/usc/29/402.md?p=p) within one calendar month thereafter alleging the violation of any provision of [section 481 of this title](/usc/29/481.md) (including violation of the constitution and bylaws of the [labor organization](/usc/29/402.md?p=i) pertaining to the election and removal of [officers](/usc/29/402.md?p=n)). The challenged election shall be presumed valid pending a final decision thereon (as hereinafter provided) and in the interim the affairs of the organization shall be conducted by the [officers](/usc/29/402.md?p=n) elected or in such other manner as its constitution and bylaws may provide.

- (b) **Investigation of complaint; commencement of civil action by Secretary; jurisdiction; preservation of assets—** The [Secretary](/usc/29/402.md?p=p) shall investigate such complaint and, if he finds probable cause to believe that a violation of this subchapter has occurred and has not been remedied, he shall, within sixty days after the filing of such complaint, bring a civil action against the [labor organization](/usc/29/402.md?p=i) as an entity in the [district court of the United States](/usc/29/402.md?p=r) in which such [labor organization](/usc/29/402.md?p=i) maintains its principal office to set aside the invalid election, if any, and to direct the conduct of an election or hearing and vote upon the removal of [officers](/usc/29/402.md?p=n) under the supervision of the [Secretary](/usc/29/402.md?p=p) and in accordance with the provisions of this subchapter and such rules and regulations as the [Secretary](/usc/29/402.md?p=p) may prescribe. The court shall have power to take such action as it deems proper to preserve the assets of the [labor organization](/usc/29/402.md?p=i).
- (c) **Declaration of void election; order for new election; certification of election to court; decree; certification of result of vote for removal of officers—** If, upon a preponderance of the evidence after a trial upon the merits, the court finds—
  - (1) that an election has not been held within the time prescribed by [section 481 of this title](/usc/29/481.md), or
  - (2) that the violation of [section 481 of this title](/usc/29/481.md) may have affected the outcome of an election,

  the court shall declare the election, if any, to be void and direct the conduct of a new election under supervision of the [Secretary](/usc/29/402.md?p=p) and, so far as lawful and practicable, in conformity with the constitution and bylaws of the [labor organization](/usc/29/402.md?p=i). The [Secretary](/usc/29/402.md?p=p) shall promptly certify to the court the names of the [persons](/usc/29/402.md?p=d) elected, and the court shall thereupon enter a decree declaring such [persons](/usc/29/402.md?p=d) to be the [officers](/usc/29/402.md?p=n) of the [labor organization](/usc/29/402.md?p=i). If the proceeding is for the removal of [officers](/usc/29/402.md?p=n) pursuant to subsection (h) of [section 481 of this title](/usc/29/481.md), the [Secretary](/usc/29/402.md?p=p) shall certify the results of the vote and the court shall enter a decree declaring whether such [persons](/usc/29/402.md?p=d) have been removed as [officers](/usc/29/402.md?p=n) of the [labor organization](/usc/29/402.md?p=i).

- (d) **Review of orders; stay of order directing election—** An order directing an election, dismissing a complaint, or designating elected [officers](/usc/29/402.md?p=n) of a [labor organization](/usc/29/402.md?p=i) shall be appealable in the same manner as the final judgment in a civil action, but an order directing an election shall not be stayed pending appeal.

## Source credit

(Pub. L. 86–257, title IV, § 402, Sept. 14, 1959, 73 Stat. 534.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable ninety days after Sept. 14, 1959, in the case of certain labor organizations, see section 404 of Pub. L. 86–257, set out as a note under section 481 of this title.