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 Assistant Secretary pursuant to subpart A 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 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).
(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.