Labor Organization and Auxiliary Reports

Labor Organization and Auxiliary Reports

lm-16_Instructions

Labor Organization and Auxiliary Reports

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Public reporting burden for this collection of information is estimated to average 21 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 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, 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-16 TO THE ABOVE ADDRESS.

INSTRUCTIONS FOR FORM LM-16
TERMINAL TRUSTEESHIP REPORT
GENERAL INSTRUCTIONS
termination of the trusteeship or the date of the
subordinate labor organization’s loss of reporting
identity. The Form LM-2 must contain the signatures of
the trustees, in addition to the signatures of the president
or corresponding principal officers of the parent union.
Trustees should sign and date the Form LM-2 in the
space below the officers’ signatures in Items 76 and 77.

I. WHY FILE
The Labor-Management Reporting and Disclosure Act of
1959, as amended (LMRDA), the Civil Service Reform
Act (CSRA), and the Foreign Service Act (FSA) require
public disclosure of certain matters pertaining to a
trusteeship which a labor organization imposes on a
subordinate body. The Secretary, under the authority of
the LMRDA, the CSRA, and the FSA has prescribed the
filing of the Terminal Trusteeship Report, Form LM-16, to
satisfy the requirement to disclose matters relating to the
termination of a trusteeship.

NOTE: After termination of a trusteeship the subordinate
labor organization becomes responsible for filing the
Labor Organization Annual Report, Forms LM-2/3/4, and
any amended Labor Organization Information Report,
Form LM-1, required by section 201 of the LMRDA and
section 458.3 of the regulations implementing the
standards of conduct provisions of the CSRA. The
subordinate labor organization may treat the date of
termination of the trusteeship as the beginning of the
new fiscal period to be covered in the next annual
financial report and consequently need not, in its
subsequent report, report any activities occurring prior to
this date.

II. WHO MUST FILE
Every labor organization subject to the LaborManagement Reporting and Disclosure Act of 1959, as
amended (LMRDA), the Civil Service Reform Act
(CSRA), or the Foreign Service Act (FSA) which has
terminated a receivership, trusteeship, or other method
of supervision or control, suspending the autonomy
otherwise available to a subordinate labor organization
under its constitution or bylaws, must file a Terminal
Trusteeship Report, Form LM-16. This report must be
filed whenever the following occur: (1) the subordinate
labor organization is restored to the autonomy otherwise
available to it under its constitution and bylaws and the
constitution and bylaws of the labor organization which
imposed the trusteeship, or (2) the subordinate labor
organization loses its reporting identity through
dissolution, merger, consolidation, or otherwise.

IV. WHO MUST SIGN THE REPORT
Form LM-16 must be signed by the president and
treasurer, or corresponding principal officers, of the
parent labor organization and the trustees of the
subordinate labor organization.
V. WHEN TO FILE
Form LM-16 and the accompanying Form LM-2 must be
filed within 90 days after the termination of the
trusteeship.

III. WHAT FORMS TO FILE
Form LM-16, Terminal Trusteeship Report, must be filed
by the labor organization terminating the trusteeship. In
addition, Form LM-2, Labor Organization Annual Report,
must be filed with the Form LM-16. The Form LM-2 must
cover the period from the beginning of the subordinate
labor organization’s fiscal year to the date of the

VI. WHERE TO FILE
The completed Form LM-16,with the accompanying
Form LM-2, and any required attachments and
additional pages must be mailed to the following
address:
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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-5616
Washington, DC 20210

X. COMPLETING FORM LM-16
Read these instructions carefully before completing Form
LM-16.

VII. PUBLIC DISCLOSURE

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.

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-16
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 trusteed
labor organization is located. At the end of these
instructions is a list of OLMS field offices.

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
following information: (1) full name of the subordinate
labor organization formerly held in trusteeship, (2) its 6digit file number as reported in Item 1, and (3) the date
that the trusteeship was terminated as reported in Item
2. All attachments must be labeled sequentially 1 of __,
2 of __, etc.

VIII. OFFICER RESPONSIBILITIES AND PENALTIES
Each individual required to sign Form LM-16 is
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/or
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.

INFORMATION ITEMS 1 - 9
1. FILE NUMBER — Enter the 6-digit file number
assigned by OLMS to the subordinate labor organization
formerly held in trusteeship. If you do not know the
organization’s file number and cannot obtain it from prior
reports, contact nearest OLMS field office listed at the
end of these instructions to obtain the 6-digit file number.

The reporting labor organization and the individuals
required to sign Form LM-16 are also subject to civil
prosecution for violations of 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. TRUSTEESHIP TERMINATION DATE — Enter the
month, day, and year the trusteeship was terminated.
3. ADDRESS OF LABOR ORGANIZATION
FORMERLY HELD IN TRUSTEESHIP — Enter the full
name and the complete mailing address of the labor
organization formerly held in trusteeship, including any
building and room number. Include the affiliation or
organization name (for example, International
Association of Factory Workers); any designation which
specifically identifies the trusteed organization (for
example, Local, Lodge, Branch, Joint Council, District
Council, etc.); and any designation number or other
identifier by which the trusteed organization is known (for
example, Local 123 or Southeast Joint Council).

Under the CSRA and FSA and implementing
regulations, false reporting and failure to report may
result in administrative enforcement action and litigation.
Individuals responsible for signing Form LM-16 are also
subject to criminal penalties for false reporting under
section 1001 of Title 18 of the United States Code.
IX. RECORDKEEPING
The individuals required to file Form LM-16 are
responsible for maintaining records which will 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
you filed the report. You must retain any record
necessary to verify, explain, or clarify the report
including, but not limited to, vouchers, worksheets,
receipts, and applicable resolutions.

4. FILE NUMBER OF LABOR ORGANIZATION
TERMINATING THE TRUSTEESHIP— Enter the file
number of the labor organization that is terminating the
trusteeship.
5. NAME AND ADDRESS OF LABOR
ORGANIZATION TERMINATING THE
TRUSTEESHIP— Enter the name and mailing address
of the labor organization terminating the trusteeship,
including any building and room number.

Individuals are subject to penalties for willfully making
any false entry in or concealing, withholding, or

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6. CONVENTIONS AND ELECTIONS — Select YES in
Item 6(a) if, during the period since the last Trusteeship
Report (Form LM-15) was filed, any convention or other
policy-determining body met to which the trusteed
organization sent delegates, or would have sent
delegates if it was not in trusteeship.

10. ADDITIONAL INFORMATION — Use Item 10 to
provide additional information as indicated on Form LM16 and in these instructions. Enter the number of the
item to which the information relates in the Item Number
column. See Section VIII (Completing Form LM-16) if
there is not enough space in Item 10.

Select YES in Item 6(b) if, during the period since the
last Trusteeship Report (Form LM-15) was filed, there
was an election of officers of the labor organization
terminating the trusteeship.

11 - 14. SIGNATURES —The completed Form LM-16
which is filed with OLMS must be signed by the
president and treasurer or corresponding principal
officers of the organization which has imposed the
trusteeship, and all the trustees designated to supervise
the affairs of the organization held in trusteeship. If the
report is signed by an officer other than the president
and/or treasurer, so indicate in Items 11 and/or 12 by (1)
crossing out the pre-printed officer title(s) and (2)
inserting the appropriate officer title(s). If the trustees
have a different title such as administrator, cross out the
printed title and enter the correct title in Items 13 and 14.
If there are more than two trustees, the additional
trustee(s) should sign and date the Form LM-15 in the
space below the officers’ and trustees’ signatures in
Items 11-14. You must have original signatures on the
Form LM-16 filed with OLMS; stamped or mechanical
signatures are unacceptable.

If YES for either Item 6(a) or Item 6(b) is selected, you
must file a Report on Selection of Delegates and
Officers, Form LM-15A.
A policy-determining body means any body convened by
the parent labor organization or other labor organization
which is composed of delegates from labor organizations
and which formulates policy on such matters as wages,
hours, or other conditions of employment or
recommends or takes any action in the name of the
participating labor organization. Such a body includes,
for example, a district council, area conference, or joint
board.
7. METHOD OF TERMINATION OF THE TRUSTEE
SHIP — Select Item 7(a) if the subordinate labor
organization was dissolved. In Item 10, give a detailed
explanation of the circumstances of the dissolution and
its effective date.

Enter the date the report was signed and the telephone
number(s) used by the signatories to conduct official
business. You do not have to report a private, unlisted
telephone number.

Select Item 7(b) if the subordinate labor organization
was merged or consolidated. In Item 10, give a detailed
explanation of the circumstances relating to the merger
or consolidation, its effective date, and list the name and
mailing address of the labor organization into which the
subordinate labor organization has been consolidated,
merged, or otherwise absorbed.

If You Need Assistance

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.

Select Item 7(c) if the subordinate labor organization has
been restored to the autonomy otherwise available to it
under its constitution and bylaws and the constitution
and bylaws of the labor organization which had imposed
the trusteeship.

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

Complete Items 8 and 9 only if Item 7(c) is selected.
8. METHOD OF OFFICER SELECTION — Select Item
8(a) if the officers of the subordinate labor organization
were elected by the membership.
Select Item 8(b) if the officers were selected by another
method and explain that method in Item 10.
9. OFFICERS — Enter the names and titles of the
officers of the subordinate labor organization.
ADDITIONAL INFORMATION AND SIGNATURES

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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 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

REMINDER...
File Form LM-2 with Form LM- 16
Form LM-2 — You must file a completed Labor
Organization Annual Report, Form LM-2, covering the
period from the beginning of the subordinate labor
organization’s latest fiscal year through the termination
date of the trusteeship with each Terminal Trusteeship
Report, Form LM-16.
Termination of the Subordinate Labor Organization
— Be sure to check the box in Item 3 of the Form LM-2 if
the subordinate labor organization has gone out of
business by disbanding, merging into another labor
organization, or being merged or consolidated with one
or more labor organizations to form a new labor
organization.

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File TitleMicrosoft Word - LM 16 instructions 10-01-03.doc
Authormbresnah
File Modified2004-02-10
File Created2004-02-10

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