452.5—Effect of violation on outcome.

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” 5 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. 6

Code of Federal Regulations

Footnote(s): 5 Act, sec. 402(b) ( 29 U.S.C. 482 ).

Code of Federal Regulations

Footnote(s): 6 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).

Code of Federal Regulations

[38 FR 18324, July 9, 1973, as amended at 50 FR 31310, Aug. 1, 1985; 63 FR 33780, June 19, 1998]

CFR

452.5—Effect of violation on outcome.

Code of Federal Regulations

Code of Federal Regulations

Code of Federal Regulations