Reading Room Document

Applicability to parolees of Section 504(a) of the Labor‐Management Reporting and Disclosure Act of 1959

The document discusses the impasse in the application of § 504(a) of the Labor-Management Reporting and Disclosure Act of 1959, specifically regarding the eligibility for union office of a person who has been convicted of certain crimes, imprisoned, and then paroled. The Third Circuit and the NLRB have conflicting views on when the disqualification period begins, creating an embarrassing impasse. The document suggests that the Board maintain and either grant or deny applications for exemption filed by individuals in the same position as Holan, as this would best permit a judicial resolution of the question and fully protect the rights of the affected persons. The conclusion reached is that the Board should recognize its limitation on resolving the matter and act in a way that will most readily permit the final resolution of the question by the judiciary. The document presents the question of how to best resolve the impasse in the application of § 504(a) of the Labor-Management Reporting and Disclosure Act of 1959, and suggests a course of action for the Board to take.

May 28, 1965