Local Union Officer
Responsibilities under the
LMRDA
U.S. Department of Labor/ESA
Office of Labor-Management Standards
Los Angeles District Office
Jeffrey C. Gitomer
District Director
911 Wilshire Blvd., # 910
Los Angeles, CA 90017
(213)534-6405/Fax (213)534-6413
email: gitomer@sfc.dol-esa.gov
OLMS’ Mission
Enforce the LMRDA
•Financial integrity
•Union democracy
OLMS Enforces the LMRDA. . .
In Four Ways:
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•
•
•
Reporting and Disclosure
Audits
Civil and Criminal Investigations
Liaison and Compliance Assistance
Financial Integrity
•LM reports (Title II)
•Bonding investigations (Title V)
•Audits (Titles II & V)
–Record keeping
–Reporting
–Embezzlement
Union Democracy
•Investigate complaints
–Officer Elections (Title IV)
–Trusteeships (Title III)
•Supervise elections
Officer Responsibilities
•Administrative
•Financial
•Reporting
•Elections
Administrative Responsibilities
1. Constitution & bylaws
2. Member rights
3. Collective bargaining agreements
4. Publicizing LMRDA
5. LMRDA Section 504
6. Discipline
Constitution & Bylaws
Adopt and enforce
constitution and
bylaws
Protect Member Rights
•Right to nominate candidates
•Right to vote for candidates
•Attend and vote at meetings
•Vote on dues, fees and assessments
•Right to legal action
•Disciplinary due process
Collective Bargaining
Agreements
•Maintain copies of all CBAs negotiated
•Give copies to those covered by CBAs
•Let members examine all CBAs
LMRDA
Inform members about the LMRDA
Enforce LMRDA Section 504
People convicted of certain crimes can’t
be union officers or employees for 13
years!
•Embezzlement, burglary & theft
•Bribery & extortion
•Murder, assault & rape
•Arson & narcotics violations
Disciplinary Action to Members
•Provide due process
– Written notice of charges w/specificity
– Opportunity to prepare a defense
– Offer testimony & examine witnesses
– Impartial tribunal/Fair hearing
•Don’t discipline for exercising LMRDA rights!
Financial Responsibilities
1. Fiduciary duties
2. Surety bonding
3. Loans
4. Records
Fiduciary Duties
•Manage assets for benefit of union
•Manage funds according to constitution
•Avoid conflicts of interest
•Account for profits (and losses)
Bonding
•Bond for everyone handling union funds
•Minimum bond of 10% of all funds (liquid
assets [cash, etc.] + gross receipts)
•Bond range from $500 (threshold) to
$500,000 (maximum required)
Starting cash + total receipts x 10% = Bond
Loans
Loans > $2,000 to officers & employees are
ILLEGAL!
Travel advances not accounted for with
travel vouchers & vendor receipts, or not
repaid within 30 days, constitute loans.
Records
•Unions must maintain all financial records
•Records must support LM reports
•Maintain financial records 5 years
•Members have right to examine records
Reporting Responsibilities
1. Initial organizational report
2. Annual financial reports
3. Officer & employee reports
4. Employer & consultant reports
5. Trusteeship reports
LM-1
•Initial organizational report
•File within 90 days of establishment
•Signed by president and secretary
•Union operations and constitutional provisions
•File number is assigned by OLMS
LM-2/3/4
•Annual financial reports
•LM-4
Receipts < $10,000
•LM-3
Receipts $10,000 - $199,999
•LM-2
Receipts $200,000 + or trusteeships
•Signed by president & treasurer
•File within 90 days after end of fiscal year
•Terminal reports within 30 days after end of period
LM-30
•Union officer & employee reports
•Payments from employer other than:
–Regular salary
–Regular benefits
•Payments to officer, employee or their families
•Conflicts of interest
•Payments prohibited by 29 USC 186
Employers & Consultants
•LM-10 filed by employers
–Payments to union officers & employees
–Payments to labor consultants
•LM-20 & LM-21 filed by consultants
–Discourage (or encourage) labor organizing
–Direct communication with employees
–Spying (collecting info) on employees
Trusteeships
•LM-15 initial & semi-annually
•LM-15A for selection of delegates and officers
•LM-16 termination
Officer Elections
1. Member rights
2. Candidate rights
3. Election safeguards
Member Rights
•Secret ballot elections every 3/4/5 years
•Reasonable opportunity to nominate
–Issue nominations notice
•Reasonable opportunity to vote
–Mail election notices to members’ homes
–No later than 15 days before the election
Candidate Rights
•Inspection of membership list
•Distribution of campaign literature
•Reasonable opportunity to campaign
•No discriminatory treatment of candidates
•No use of union or employer funds
Election Safeguards
•Follow constitution & bylaws
•Current membership mailing list
•Current candidate & voter eligibility lists
•Protect ballots
•No intimidation
• Keep all election records 1 year
Questions
•Call Los Angeles District Office
(213) 534-6405
OLMS web site:
www.olms.dol.gov