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May 9, 2009   
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Unions and Union Members:

Financial Reporting and Fiscal Controls


 Frequently Asked Questions

OVERVIEW

Every labor organization subject to the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), the Civil Service Reform Act of 1978 (CSRA), or the Foreign Service Act of 1980 (FSA) must file a financial report (Form LM-2, LM-3, or LM-4) each year with the Office of Labor-Management Standards (OLMS) of the U.S. Department of Labor's Employment Standards Administration. The three forms vary in the level of financial details that must be reported. The filing requirements are determined by the total annual receipts of the union.

In addition, to ensure fiscal integrity, unions must maintain records that are sufficient to clarify or support the information shown on these reports, secure adequate bonding to provide protection against losses due to fraudulent or dishonest actions, and restrict the amounts of loans made to officers and employees.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

  • Employment Law Guide - Union Members - Provides information on the basic requirements and provisions of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), including certain rights guaranteed to union members.
  • Form LM-2 - Required for every labor organization subject to the LMRDA, or the Civil Service Reform Act of 1978 (CSRA), and the Foreign Service Act of 1980 (FCA) with total annual receipts of $250,000 or more.
  • Revised LM-2 User Guide (PDF) - Guides users through the process of preparing and completing the LM-2 form.
  • Form LM-3 - Required for every labor organization subject to the LMRDA, the Civil Service Reform Act of 1978 (CSRA), or the Foreign Service Act of 1980 (FCA) with total annual receipts of $10,000 or more but less than $250,000. (However, if your labor organization is in trusteeship you must file Form LM-2.)
  • Form LM-4 - Required for every labor organization subject to the LMRDA, the Civil Service Reform Act of 1978 (CSRA), or the Foreign Service Act of 1980 (FCA) with total annual receipts of less than $10,000. (However, if your labor organization is in trusteeship you must file Form LM-2.)
  • Conducting Audits in Small Unions - A guide for trustees with a limited, focused review of financial records that was developed for use by trustees from small unions. (PDF Version)
  • Bonding Requirements Under the LMRDA and the CSRA A pamphlet providing general information about the bonding requirements established by the LMRDA and the CSRA.
  • Bonding Computation Worksheet - A sample copy of a bonding computation worksheet.
  • Compliance Tip - Internal Financial Controls Provides information on the general fiduciary responsibility for officers and employees of labor organizations who occupy positions of trust. (PDF Version) (Español)
  • Compliance Tip: Bonding Requirements - The LMRDA and the CRSA establish bonding requirements for certain officers and employees of labor organizations.
  • OLMS En Español - Provides links to OLMS Spanish language resources.

Required Reports and Forms

  • Reports Required under the LMRDA and the CSRA Provides general information on reports required under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) and the Civil Service Reform Act of 1978 (CSRA).
  • Form LM-1 Labor Organization Information Report - Discloses certain information about the structure, practices, and procedures of the union.
  • Form LM-10 Employer Report Discloses information on specified financial dealings of employers with their employees, unions, union agents, and labor relations consultants.
  • Form LM-15 Trustee Report Discloses the reasons for a trusteeship, when it was established, the financial condition of the trustee union at the time the trusteeship was established, and other required information.
  • Form LM-15A Report on Selection of Delegates and Officers - Disclosure of matters relating to the selection of officers or the selection of delegates to a convention of the parent body imposing trusteeship.
  • Form LM-16 Terminal Trusteeship Information Report Required disclosure when a subordinate labor organization is restored to the autonomy otherwise available to it under its constitution and by-laws.
  • Form LM-20 Agreement and Activities Report (Consultant) - Discloses information on every person, including a labor relations consultant, who enters into an arrangement with an employer under which he or she undertakes activities to persuade employees about exercising their rights to organize and bargain collectively, or to obtain information about the activities of employees or a labor organization in connection with a labor dispute involving the employer.
  • Form LM-21 Receipts and Disbursements Report (Consultant) Discloses information on payments made or received during the fiscal year as a result of arrangements requiring the Form LM-20.
  • Form LM-30 Labor Organization Officer and Employee Report - Union officers or employees must file a Form LM-30 if they or their spouses or minor children have certain interests or dealings related to an employer whose employees their union represents or is actively seeking to represent.
  • Form S-1 Surety Company Annual Report - Every surety company which issues any bond required by the LMRDA or the Employee Retirement Income Security Act of 1974 (ERISA) must file the Form S-1 with the Office of Labor-Management Standards (OLMS).
  • Form T-1 - Disclosure of information regarding each trust in which a labor organization has an interest through the labor organization's financial contribution to the trust, or a contribution made on the labor organization's behalf or as a result of a negotiated agreement to which the labor organization is a party.

FACT SHEETS

RECORDKEEPING

Every person who is required to file a report under the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) or the Civil Service Reform Act of 1978 (CSRA), either as an individual or as an officer of a union or employer, is responsible for maintaining records which will provide in sufficient detail the information and data necessary to verify the accuracy and completeness of the report. These records must be kept for at least 5 years after the date the report is filed. Any record necessary to verify, explain, or clarify the report must be retained, including, but not limited to, vouchers, worksheets, receipts, and applicable resolutions. For more information about union recordkeeping, please see LMRDA Recordkeeping Requirements for Unions (PDF Version).

APPLICABLE LAWS AND REGULATIONS

RELATED TOPICS AND LINKS

  • The National Labor Relations Board (NLRB) - The NLRB is the federal agency that administers the National Labor Relations Act by conducting elections to determine whether or not employees want union representation and investigating and remedying unfair labor practices by employers and unions.
  • The National Mediation Board (NMB) - The NMB is an independent agency that performs a central role in facilitating harmonious labor-management relations within two of the nation's key transportation modes--the railroads and airlines. Pursuant to the Railway Labor Act, NMB programs provide an integrated dispute resolution process to effectively meet the statutory objective of minimizing work stoppages in the airline and railroad industries.

DOL CONTACTS*

  • Employment Standards Administration (ESA)
    Office of Labor Management Standards (OLMS)

    200 Constitution Avenue, NW
    Room N-5605
    Washington, DC 20210
    E-mail: olms-public@dol.gov
    Tel: 1-866-4-USA-DOL (1-866-487-2365)
    TTY: 1-877-889-5627
    Local Offices

  • For questions on other DOL laws,
    please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
    Tel: 1-866-4-USA-DOL
    TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.



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