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pdfPublic reporting burden for this collection of information is estimated to average 55 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. Persons are not required to respond to the collection of information unless it displays a currently valid OMB
control number. Reporting of this information is mandatory and is required by the Labor-Management Reporting and Disclosure Act of
1959, as amended (LMRDA), for the purpose of public disclosure. As this is public information, there are no assurances of
confidentiality. If you have any comments regarding this estimate or any other aspect of this information collection, including
suggestions for reducing this burden, please send them to the U.S. Department of Labor, Employment Standards Administration, Office
of Labor-Management Standards, Division of Interpretations and Standards, Room N-5605, 200 Constitution Avenue, NW, Washington,
DC 20210.
DO NOT SEND YOUR COMPLETED FORM LM-1 TO THE ABOVE ADDRESS.
INSTRUCTIONS FOR FORM LM-1
LABOR ORGANIZATION INFORMATION REPORT
GENERAL INSTRUCTIONS
Every labor organization subject to the LMRDA, CSRA,
or FSA is required to adopt a constitution and bylaws
and file two copies together with an initial Form LM-1
with OLMS. The initial Form LM-1 must report certain
information concerning the structure, practices, and
procedures of the labor organization.
I. WHY FILE
The Labor-Management Reporting and Disclosure Act,
as amended (LMRDA), requires public disclosure of
information concerning the structure, practices, and
procedures of labor organizations. The Secretary, under
the authority of the LMRDA, has prescribed the filing of
the Labor Organization Information Report, Form LM-1,
for labor organizations to satisfy this reporting
requirement.
OLMS will acknowledge receipt of your organization’s
initial Form LM-1 and advise you of the 6-digit identifying
file number that has been assigned to your organization.
This file number must be entered on the annual financial
reports (Form LM-2, LM-3, or LM-4) which your labor
organization is also required to file with the Department
of Labor. (See Section V below for information about
annual financial reports.)
II. WHO MUST FILE
Every labor organization subject to the LMRDA, the Civil
Service Reform Act (CSRA), or the Foreign Service Act
(FSA) must file Form LM-1 with the Office of LaborManagement Standards (OLMS) of the U.S. Department
of Labor’s Employment Standards Administration. These
laws cover labor organizations that represent employees
who work in private industry, employees of the U.S.
Postal Service, and most Federal government
employees.
Amended Form LM-1
A labor organization is required to file an amended Form
LM-1 to update the information on file with OLMS if there
are any changes in the practices and procedures listed
in Item 18, Column (2) of its most recent Form LM-1.
These are changes in practices and procedures which
are not contained in the labor organization’s constitution
and bylaws. The amended Form LM-1 must be filed with
your organization’s annual financial report (Form LM-2,
LM-3, or LM-4) for the reporting period in which the
change occurred.
Labor organizations that represent only state, county, or
municipal government employees are not covered by
these laws and, therefore, are not required to file Form
LM-1.
If you have a question about whether your organization
is required to file, contact the nearest OLMS field office
listed at the end of these instructions.
NOTE: Federal employee labor organizations subject
solely to the CSRA or FSA are not required to submit an
amended Form LM- 1 to describe changes in their
practices and procedures.
NOTE: Selected definitions from the LMRDA and CSRA
concerning labor organizations, members, and officers
follow these instructions. These definitions may be
helpful in determining whether your organization is
subject to the LMRDA or CSRA.
IV. WHO MUST SIGN THE REPORT
Form LM-1 must be signed by the president and the
secretary or corresponding officers of the reporting labor
organization.
III. WHAT FORMS TO FILE
Initial Form LM-1
V. WHEN TO FILE
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Under the CSRA and FSA and implementing
regulations, false reporting and failure to report may
result in administrative enforcement action and litigation.
The officers responsible for signing Form LM-1 are also
subject to criminal penalties for false reporting under
section 1001 of Title 18 of the United States Code.
You must file Form LM-1 within 90 days after the date on
which your labor organization becomes subject to the
LMRDA, CSRA, or FSA. Also, subsequent to filing Form
LM-1, you must file annual financial reports (Forms LM2, LM-3, or LM-4) within 90 days after the end of your
organization’s fiscal year. Labor organizations with total
annual receipts of $250,000 or more must file the
detailed Form LM-2 annual report. Labor organizations
with total annual receipts of less than $250,000, may file
the simplified 4-page annual report, Form LM-3. Labor
organizations with less than $10,000 in total annual
receipts may file the abbreviated 2-page annual report,
Form LM-4.
IX. RECORDKEEPING
The individuals required to file Form LM-1 are
responsible for maintaining records which must provide
in sufficient detail the information and data necessary to
verify the accuracy and completeness of the report. You
must retain the records for at least 5 years after the date
the report is filed. You must retain any record necessary
to verify, explain, or clarify the report including, but not
limited to, vouchers, worksheets, receipts, and
applicable resolutions.
VI. WHERE TO FILE
The completed Form LM-1 and any required
attachments and additional pages must be mailed to
the following address:
Individuals are subject to penalties for willfully making
any false entry in or concealing, withholding, or
destroying any books, records, or statements required to
be kept.
U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
200 Constitution Avenue, NW, Room N-1519
Washington, DC 20210
X. COMPLETING FORM LM-1
VII. PUBLIC DISCLOSURE
Read these instructions carefully before completing
Form LM-1.
Pursuant to the LMRDA, the U.S. Department of Labor is
required to make all submitted reports available for
public inspection. You may examine the Form LM-1
reports at, and purchase copies from, the OLMS Public
Disclosure Room at the address listed in Section VI, or
at the OLMS field office in whose jurisdiction the
reporting organization is located. At the end of these
instructions is a list of OLMS field offices.
Information Entry. Entries on the report should be
typed or clearly printed in black ink. Do not use a pencil
or any other color ink.
Additional Pages. If you need additional space to
complete an item, enter the additional information on a
separate letter-size (8.5 x 11) page(s), indicating the
number of the Item to which the information applies.
Print clearly at the top of each attached page the name
of your organization, its 6-digit file number as reported in
Item 1 of Form LM-1, if available, and the fiscal year
ending date as reported in Item 2. All attachments must
be labeled sequentially 1 of_, 2 of _, etc.
VIII. OFFICER RESPONSIBILITIES AND PENALTIES
The president and secretary or the corresponding
principal officers of the labor organization required to
sign Form LM-1 are personally responsible for its filing
and accuracy. Under the LMRDA, these individuals are
subject to criminal penalties for willful failure to file a
required report and for false reporting. False reporting
includes making any false statement or
misrepresentation of a material fact while knowing it to
be false, or for knowingly failing to disclose a material
fact in a required report or in the information required to
be contained in it or in any information required to be
submitted with it.
IDENTIFICATION ITEMS 1 -9
(To be completed by all filers)
Answer Items 1 through 9 as instructed. Enter “None” or
“Not Applicable”, where appropriate. Select the
appropriate box for those questions which require a YES
or NO answer; do not leave both boxes blank.
1. FILE NUMBER—If this is an initial Form LM-1, leave
Item 1 blank. If this is an amended Form LM-1, enter the
6-digit file number which OLMS has assigned to your
organization. If you cannot obtain the number from
previous reports filed by your organization, contact the
nearest OLMS field office listed at the end of these
instructions to obtain your organization’s file number.
The reporting labor organization and the officers
required to sign Form LM-1 are also subject to civil
prosecution for violations of the filing requirements.
According to Section 210 of the LMRDA, “whenever it
shall appear that any person has violated or is about to
violate any of the provisions of this title, the Secretary
may bring a civil action for such relief (including
injunctions) as may be appropriate.”
2. FISCAL YEAR ENDING DATE—If this is an initial
Form LM-1, enter the month and day on which the fiscal
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Do not list a private residence. If your organization has
no main office, enter the city, county, and state where
most of the members work.
year of your organization ends. If this is an amended
Form LM-1 which must be submitted with your
organization’s annual financial report, enter the last date
covered by the financial report, including the month, day,
and year. This date should be the same as the last date
entered in Item 2 of your organization’s annual financial
report (Forms LM-2, LM-3, or LM-4).
11. NEXT REGULAR ELECTION—Enter the month
and year of your organization’s next regular election of
general officers (president, vice president, treasurer,
secretary, etc.). Do not report the date of any interim
election to fill vacancies.
3. INITIAL OR AMENDED REPORT—Select YES if this
is the first Form LM-1 filed by your organization. Select
NO if this is an amended Form LM-1 filed by your
organization due to changes in the practices and
procedures listed in Item 18, Column (2) of your
organization’s most recent Form LM-1. These are
changes in practices and procedures which are not
contained in your organization’s constitution and bylaws
12. TYPE OF MEMBERSHIP—Select each applicable
box to indicate if any of the members of your
organization are:
4. AFFILIATION OR ORGANIZATION NAME—Enter
the name of the national or international labor
organization which granted your organization a charter.
If your organization has no such affiliation, enter the
name of your organization as currently identified in your
constitution and bylaws or other organizational
documents.
Employees of private industry.
Employees of the U.S. Postal Service. (Section
1209(b) of the Postal Reorganization Act makes
the LMRDA applicable to labor organizations
composed of such employees.)
Employees of the Federal government subject to
Title VII of the CSRA or Chapter 10 of the FSA.
13. TYPE OF LABOR ORGANIZATION—Select the
appropriate box to indicate whether your organization is
a local labor organization of any kind, an intermediate
body of any kind, or a national or international labor
organization. The selected box should indicate the type
of labor organization rather than its official name.
5 DESIGNATION—Enter the designation that
specifically identifies your organization, such as Local,
Lodge, Branch, Joint Board, Joint Council, District
Council, etc.
6. DESIGNATION NUMBER—Enter the number or
other identifier, if any, by which your organization is
known.
14. EXPECTED ANNUAL RECEIPTS—Select the
appropriate box to indicate the expected total annual
receipts of your labor organization. The term “total
annual receipts” means all financial receipts of the labor
organization during its fiscal year, regardless of the
source, including receipts of any subsidiaries and any
special funds. (A subsidiary is any separate organization
of which the ownership is wholly vested in the reporting
labor organization or its officers or its membership,
which is governed or controlled by the officers,
employees, or members of the reporting labor
organization, and which is wholly financed by the
reporting labor organization.)
7. UNIT NAME—Enter any additional or alternate name
by which your organization is known, such as “Chicago
Area Local.”
8. MAILING ADDRESS— Enter the name and title of
the person to whom mail should be directed, and the
complete address where mail should be sent and
received, including any building and room number.
9. PLACE WHERE RECORDS ARE KEPT - If you
maintain any of the records required to be kept by your
organization to verify this report at the address reported
in Item 8, select YES. If not, select NO and provide in
Item 19 the address where your organization’s records
are kept.
15. OFFICERS—List the names and titles of all the
officers of your organization (including the officers who
sign this report). “Officer” is defined in section 3(n) of the
LMRDA as “any constitutional officer, any person
authorized to perform the functions of president, vice
president, secretary, treasurer, or other executive
functions of a labor organization, and any member of its
executive board or similar governing body.”
INFORMATION ITEMS 10-17
(To be completed by initial filers only)
10. CITY, COUNTY, AND STATE WHERE
CHARTERED TO OPERATE—Enter the city, county,
and state in which your organization is chartered or
authorized to operate. If there is no city named in your
organization’s charter, or if there is no city in which the
national or international organization has authorized your
organization to operate, then enter the city, county, and
state where your organization’s main office is located.
If any officer listed in Item 15 was not elected in a regular
election in accordance with the provisions of your
organization’s constitution and bylaws or other governing
documents, explain in Item 19 the manner in which the
officer was chosen.
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(To be completed by all filers except Federal employee
labor organizations subject solely to the CSRA or the
FSA).
16. DUES AND FEES—Enter the dues and fees
established by your organization. If more than one rate
applies, enter the minimum and maximum rates.
18. PRACTICES AND PROCEDURES—For each of
Lines (a) through (m), indicate in Column (1) the page
number and section or paragraph where each practice or
procedure is described in your organization’s constitution
and bylaws or other governing rules filed with OLMS. If
the practices and procedures specified in Lines (a)
through (m) are not described in the constitution and
bylaws or other governing rules filed with OLMS, select
the box in Column (2) and provide a detailed statement
in Item 19, or on a separate letter-size page attached to
Form LM-1, explaining your organization’s practice or
procedure for such matters. If a detailed statement on a
separate page is required, be sure to include your
organization’s name at the top of each page and identify
the item number to which the detailed statement applies.
Line (a): Enter the regular dues or fees or other periodic
payments which a member must pay to be in good
standing in your organization and enter the calendar
basis for the payment (per month, per year, etc.). If your
organization requires members to pay “working” dues as
a part of regular dues, also report the amount or percent
of “working” dues and enter the basis for the payment
(per hour, per month, etc.). Include only the dues or fees
of regular members and not dues or fees of members
with special rates, such as apprentices, retirees, or
unemployed members.
Line (b): Enter the working dues required from
members.
Line (c): Enter the initiation fees required from new
members.
In Item 18(g)(1), the reference to “representatives to
other bodies composed of labor organizations’
representatives” is meant to include representatives to
other labor organization bodies, such as delegates to the
conventions of the national or international, delegates to
a joint board, joint council, or other intermediate body,
delegates to state or local central bodies, etc. It is not
meant to include representatives to community or public
bodies such as the Red Cross, the United Way,
government committees, etc.
Line (d): Enter the fees other than dues required from
transferred members. Such fees are those charged to
persons applying for a transfer of membership to your
organization from another labor organization with the
same affiliation. Do not report fees charged to members
transferring from one class of membership to another
within your organization.
Line (e): If your organization issues work permits, enter
the fees required and enter the calendar basis for the
payment (per month, per year, etc.). Work permit fees
are fees charged to nonmembers of your organization
who work within its jurisdiction. Do not report as work
permit fees those fees charged to nonmember
applicants for membership pending acceptance of their
membership application, or fees charged to persons
applying for transfer of membership to your organization
pending acceptance of their application for transfer.
Enter NONE if your organization does not issue work
permits.
ADDITIONAL INFORMATION
(To be completed by all filers as necessary)
19. ADDITIONAL INFORMATION—Use Item 19 to
provide additional information as indicated on Form LM1 and in these instructions. Enter the number of the item
to which the information relates in the Item Number
column. If there is not enough space in Item 19, report
the additional information on a separate letter-size
page(s). Be sure to include the following at the top of
each page: the name of your organization, its 6-digit file
number (if assigned) as reported in Item 1 of Form LM-1,
and the fiscal year ending date as reported in Item 2.
17. CONSTITUTION AND BYLAWS—Two copies of
your organization’s constitution and bylaws must be filed
with OLMS. If your organization is governed by a uniform
constitution and bylaws prescribed by your
organization’s parent national or international body, your
organization’s parent body may file the constitution and
bylaws on your behalf. If your parent body files a
constitution and bylaws on your behalf, select YES.
SIGNATURES
(To be completed by all filers)
20–21. SIGNATURES—The completed Form LM-1
which is filed with OLMS must be signed by both the
president and secretary or corresponding principal
officers of your organization. This report must bear two
(2) signatures. If the report is signed by an officer other
than the president and/or secretary, (1) cross out the
pre-printed officer title(s) in Items 20 and/or 21, and (2)
insert the appropriate officer title(s). You must have
original signatures on the Form LM-1 filed with OLMS;
stamped or mechanical signatures are unacceptable.
If your parent body does not file a constitution and
bylaws on your behalf, you must complete the following:
select NO; list the governing documents that you are
filing with this report in the space provided in Item 17;
and attach two dated copies of the governing documents
to this report. Be sure the documents contain the name
of your organization.
PRACTICES AND PROCEDURES ITEM 18
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commerce within the meaning of any of the preceding
paragraphs of this subsection, other than a State or local
central body. (29 U.S.C. 402(j))
Enter the date the report was signed and the telephone
number(s) used by signatories to conduct official
business. You do not have to report a private, unlisted
telephone number.
“Officer” means any constitutional officer, any person
authorized to perform fhe functions of president, vice
president, secretary, treasurer, or other executive
functions of a labor organization, and any member of its
executive board or similar governing body. (29 U.S.C.
402(n))
SELECTED DEFINITIONS FROM THE LABORMANAGEMENT REPORTING AND DISCLOSURE ACT
OF 1959, AS AMENDED (LMRDA)
“Industry affecting commerce” means any activity,
business, or industry in commerce or in which a labor
dispute would hinder or obstruct commerce or the free
flow of commerce and includes any activity or industry
“affecting commerce” within the meaning of the Labor
Management Relations Act, 1947, as amended, or the
Railway Labor Act, as amended. (29 U.S.C. 402(c))
“Member” or “member in good standing”, when used
in reference to a labor organization, includes any person
who has fulfilled the requirements for membership in
such organization, and who neither has voluntarily
withdrawn from membership nor has been expelled or
suspended from membership after appropriate
proceedings consistent with lawful provisions of the
constitution and bylaws of such organization. (29 U.S.C.
402(o))
“Labor organization” means a labor organization
engaged in an industry affecting commerce and includes
any organization of any kind, any agency, or employee
representation committee, group, association, or plan so
engaged in which employees participate and which
exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes,
wages, rates of pay, hours, or other terms or conditions
of employment, and any conference, general committee,
joint or system board, or joint council so engaged which
is subordinate to a national or international labor
organization, other than a State or local central body. (29
U.S.C. 402(i))
NOTE: Pursuant to section 1209(b) of the Postal
Reorganization Act, the LMRDA is applicable to labor
organizations composed of U.S. Postal Service
employees.
SELECT DEFINITIONS FROM THE CIVIL SERVICE
REFORM ACT (CSRA)
“Labor organization” means an organization
composed in whole or in part of employees, in which
employees participate and pay dues, and which has as a
purpose the dealing with an agency concerning
grievances and conditions of employment, but does not
include—
A labor organization shall be deemed to be engaged
in an industry affecting commerce if it—
(A) an organization which, by its constitution,
bylaws, tacit agreement among its members, or
otherwise, denies membership because of race, color,
creed, national origin, sex, age, preferential or
nonpreferential civil service status, political affiliation,
marital status, or handicapping condition;
(1) is the certified representative of employees
under the provisions of the National Labor Relations Act,
as amended, or the Railway Labor Act, as amended; or
(2) although not certified, is a national or
international labor organization or a local labor
organization recognized or acting as the representative
of employees of an employer or employers engaged in
an industry affecting commerce; or
(B) an organization which advocates the
overthrow of the constitutional form of government of the
United States;
(3) has chartered a local labor organization or
subsidiary body which is representing or actively seeking
to represent employees of employers within the meaning
of paragraph (1) or (2); or
(C) an organization sponsored by an agency; or
(D) an organization which participates in the
conduct of a strike against the Government or any
agency thereof or imposes a duty or obligation to
conduct, assist, or participate in such a strike. (5 U.S.C.
7103 (a)(4))
(4) has been chartered by a labor organization
representing or actively seeking to represent employees
within the meaning of paragraph (1) or (2) as the local or
subordinate body through which such employees may
enjoy membership or become affiliated with such labor
organization; or
NOTE: The definition of “labor organization” for unions
which represent employees of the Department of State
and the United States Information Agency is contained in
section 4102 of the FSA.
(5) is a conference, general committee, joint or
system board, or joint council, subordinate to a national
or international labor organization, which includes a
labor organization engaged in an industry affecting
If You Need Assistance
5
The Office of Labor-Management Standards has field
offices located in the following cities to assist you if you
have any questions concerning LMRDA and CSRA
reporting requirements.
Atlanta, GA
Birmingham, AL
Boston, MA
Buffalo, NY
Chicago, IL
Cincinnati, OH
Cleveland, OH
Dallas, TX
Denver, CO
Detroit, MI
Grand Rapids, MI
Guaynabo, PR
Honolulu, HI
Houston, TX
Kansas City, MO
Los Angeles, CA
Miami (Ft. Lauderdale), FL
Milwaukee, WI
Minneapolis, MN
Nashville, TN
New Haven, CT
New Orleans, LA
New York, NY
Newark (Iselin), NJ
Philadelphia, PA
Pittsburgh, PA
St. Louis, MO
San Francisco, CA
Seattle, WA
Tampa, FL
Washington, DC
Consult local telephone directory listings under United
States Government, Labor Department, Office of LaborManagement Standards, for the address and telephone
number of the nearest field office.
Copies of labor organization annual financial reports,
employer reports, and labor relations consultant reports
filed for the year 2000 and after can be viewed and
printed at http://www.union-reports.dol.gov. Copies of
reports for the year 1999 and earlier can be ordered
through the website.
Information about OLMS, including key personnel and
telephone numbers, compliance assistance materials,
the text of the LMRDA, and related Federal Register and
Code of Federal Regulations (CFR) documents, is also
available on the Internet at:
http://www.olms.dol.gov
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File Type | application/pdf |
File Title | Microsoft Word - LM 1 instructions 10-01-031.doc |
Author | mbresnah |
File Modified | 2005-11-15 |
File Created | 2005-09-30 |