Labor Organization and Auxiliary Reports

Labor Organization and Auxiliary Reports

lm-10_instructions

Labor Organization and Auxiliary Reports

OMB: 1245-0003

Document [pdf]
Download: pdf | pdf
Public reporting burden for this collection of information is estimated to average 35 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, Office of Labor-Management
Standards, Division of Interpretations and Standards, Room N-5609, 200 Constitution Avenue, NW, Washington, DC 20210.

DO NOT SEND YOUR COMPLETED FORM LM-10 TO THE ABOVE ADDRESS.

INSTRUCTIONS FOR FORM LM-10
EMPLOYER REPORT
GENERAL INSTRUCTIONS
NOTE: Selected definitions from the LMRDA follow
these instructions.

I. WHY FILE
The Labor-Management Reporting and Disclosure Act of
1959, as amended (LMRDA), requires public disclosure
of specific financial transactions or arrangements made
between an employer and one or more of the following:
a labor organization, union official, employee, or labor
relations consultant. Pursuant to Section 203(a) of the
LMRDA, every employer who has engaged in any such
transaction or arrangement during the fiscal year must file
a detailed report with the Secretary of Labor. The
Secretary, under the authority of the LMRDA, has
prescribed the filing of the Employer Report, Form
LM-10, for employers to satisfy this reporting requirement.
These reporting requirements of the LMRDA and of the
regulations and forms issued under the Act only relate to
the disclosure of specified payments. The reporting
requirements do not address whether specific payments,
transactions, or arrangements are lawful or unlawful. The
fact that a particular payment, transaction, or
arrangement is or is not required to be reported does not
indicate whether it is or is not subject to any legal
prohibition.

III. WHAT MUST BE REPORTED
The types of financial transactions, arrangements, or
expenditures which must be reported are set forth in
Form LM-10. The LMRDA states that every employer
involved in any such transaction or arrangement during
the fiscal year must file a detailed report with the
Secretary of Labor indicating the following: (1) the date
of each arrangement and the date and amount of each
transaction; (2) the name, address, and position of the
person with whom the agreement or transaction was
made; and (3) a full explanation of the circumstances of
all payments made, including the terms of any
agreement or understanding pursuant to which they
were made.
Form LM-10 is divided into two parts, Part A and Part B.
Item 8 of Part A contains six questions pertaining to
reportable employer activities. Before completing any
portion of the report, review these questions thoroughly
and answer them, taking into account the exclusions
listed in the instructions for Item 8. If the answer to each
of these questions is NO, do not file this report. However,
if the answer to any of these questions is YES, taking
into account the applicable exclusions, complete Part A
and complete a separate Part B for each YES answer.
Also, if any of the YES answers applies to more than one
person or organization, complete a separate Part B for
each person or organization.

II. WHO MUST FILE
Any employer, as defined by the LMRDA, who has
engaged in certain financial transactions or
arrangements, of the type described in Section 203(a) of
the Act, with any labor organization, union official,
employee or labor relations consultant, or who has
made expenditures for certain objects relating to
activities of employees or a union, must file a Form LM10. An employer required to file must complete only one
Form LM-10 each fiscal year that covers all instances of
reportable activity even if activity occurs at multiple
locations.
identified personnel on particular matters referred to in
the second paragraph of the instructions for Item 8.a.

Special Reports. In addition to this report, the Secretary
may require employers subject to the LMRDA to submit
special reports on relevant information, including but not
necessarily confined to reports involving specifically

While Section 203 of the LMRDA does not amend, or

1

modify, the rights protected by Section 8(c) of the
National Labor Relations Act, as amended (NLRA), the
LMRDA contains no provision exempting the activities
protected by that section from the reporting
requirements. Therefore, you must report activities of the
type set forth in Item 8, since the LMRDA requires such
reports, regardless of whether the activities are protected
by Section 8(c) of the NLRA. Note, however,
that the information you are required to report in
response to Item 8.c does not include expenditures
relating exclusively to matters protected by Section 8(c)
of the NLRA, because the definition in Section 203(g) of
the LMRDA of the term "interfere with, restrain, or
coerce," which is used in Item 8.c, does not cover such
matters.

not received in the timeframe specified above, the report
will be considered delinquent.
VII. PUBLIC DISCLOSURE
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-10
reports at, and purchase copies from, the OLMS Public
Disclosure Room at www.unionreports.gov. You can
also email [email protected] or call (202) 6930125.
Also, in the Internet Public Disclosure Room at
http://www.unionreports.gov, you may view and print
copies of employer reports, beginning with the year
2000. You may also purchase copies of employer
reports from the Internet Public Disclosure Room for 15
cents per page. Requests for 30 or fewer pages are
provided free of charge.

NOTE: The text of NLRA Section 8(c) is set forth
following these instructions.
IV. WHO MUST SIGN THE REPORT
The complete Form LM-10 must be signed by both
the president and the treasurer, or the
corresponding principal officers, of the reporting
employer must sign the completed Form LM-10. A
report from a sole proprietor need only bear one
signature.

VIII. OFFICER RESPONSIBILITIES AND PENALTIES
The president and treasurer or corresponding principal
officers of the reporting employer required to sign Form
LM-10, 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/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.

V. WHEN TO FILE
Each employer, as defined in the LMRDA, who has
engaged in any of the transactions or arrangements
described in the form and instructions must
electronically file Form LM-10 within 90 days after
the end of the employer’s fiscal year.
VI. HOW TO FILE
The Form LM-10 may be completed and submitted
electronically, via the Office of Labor-Management
Standards (OLMS) Electronic Forms System (EFS),
available on the OLMS website at
www.dol.gov/olms.

The reporting employer and officers required to sign
Form LM-10 are also subject to civil prosecution for
violations of the filing requirements. Section 210 of the
LMRDA provides that, “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.”

If you have difficulty navigating the software, or have
questions about its functions and features, call the
OLMS Help Desk at: (866) 401-1109. For questions
concerning the reporting requirements, please send an
e-mail to [email protected] or call (202) 693-0123.

IX. RECORDKEEPING
The individuals required to file Form LM-10 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.

Additionally, filers have the option of submitting a paper
form instead of filing electronically. To file a manual
paper Form LM-10, the completed Form LM-10 and
any additional pages must be mailed to the following
address:
U.S. Department of Labor
Office of Labor-Management Standards
200 Constitution Avenue, NW, Room N-5603
Washington, DC 20210

X. COMPLETING FORM LM-10

Note: If either the paper filing or the electronic filing is

2

Read the instructions carefully before completing
Form LM-10.
Information Entry. If filing a paper report, entries on the
report should be typed or clearly printed in black ink. Do
not use a pencil or any other color ink.
Entering Dollars. In all Items dealing with monetary
values, report amounts in dollars only; do not enter
cents. Round cents to the nearest dollar. Enter a single
“0” in the boxes for reporting dollars if the employer has
nothing to report.

.

3. NAME AND MAILING ADDRESS—Enter the full
legal name of the reporting employer, a trade or
commercial name, if applicable (such as a d/b/a or
“doing business as” name), 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
4. NAME AND ADDRESS OF PRINCIPAL
OFFICER—Enter the name and business address of
the president or corresponding principal officer if it is
different from the address in Item 3.

Additional Pages. For paper reports, if you need
additional space to complete an Item, include 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 reporting employer, (2) its 5-digit file number as
reported in Item 1, if available; and (3) the ending date of
the reporting period as reported in Item 2. All
attachments must be labeled sequentially 1 of __, 2 of
__, etc.

5. ANY OTHER ADDRESS WHERE RECORDS ARE
AVAILABLE—If you maintain any of the records
necessary to verify this report at an address different
from the addresses listed in Items 3 or 4, enter the
appropriate name and address in Item 5.
6. WHERE RECORDS ARE AVAILABLE—Select the
appropriate box(es) where the records necessary to
verify this report are available for examination.
7.
TYPE OF ORGANIZATION—Select the
appropriate box which describes the reporting
employer. If none of the choices apply, specify the type
of reporting employer filing this report.

PART A (ITEMS 1 – 8)
1. FILE NUMBER—The software will enter the fivedigit file number assigned by OLMS for the reporting
individual or organization here and at the top of each
page of Form LM-10. If the number is incorrect or you
do not have the number on file and cannot obtain it from
past reports, the number can be obtained at
www.unionreports.gov, emailing OLMS at [email protected], or calling OLMS at (202) 693-0125.
Note: If you have previously filed a Form LM-10 and
seek to search for past report to obtain your employer
file number, please visit the OLMS Online Public
Disclosure Room and select “View Other Reports”.
You have the option to select your employer’s name
or organization from the drop-down menu. This menu
contains all the individuals and organizations from
whom employer reports have ever been received.

8. TYPE OF REPORTABLE ACTIVITY ENGAGED
IN BY EMPLOYER—Read each question carefully,
then read the exclusions listed below for each
question. Select the appropriate YES or NO box next
to each question; do not leave both boxes blank. If
the answer to any of these questions is YES, indicate
the number of Part Bs necessary for completing that
question. With each question, complete a separate
Part B for every person or organization with whom a
reportable agreement was made as indicated by a YES
answer. For example, if you answer Item 8.e YES, and
you had agreements with two different labor relations
consultants during the fiscal year, then you would
complete two Part Bs for that question.
8.a. In answering Item 8.a, exclude the following:
(1) Payments of the kind referred to in Section
302(c) of the Labor Management Relations Act,
1947, as amended (LMRA); and (2) Payments or
loans made in the regular course of business as a
national or state bank, credit union, insurance
company, savings and loan association, or other
credit institution. (The text of Section 302(c) of the
LMRA is set forth below.)

For paper reports, enter the five-digit file number
assigned by OLMS for the reporting employer. If you
have never previously filed Form LM-10, leave Item 1
blank.
2. FISCAL YEAR—Enter the beginning and ending
dates of the fiscal year covered in this report. The
report must not cover more than a 12-month period.
For example, if the reporting employer’s 12-month
fiscal year begins on January 1 and ends on December
31, do not enter a date beyond the 12-month period,
such as January 1 to January 1; this is an invalid date
entry.

None of the following require a YES answer: payments
made in the regular course of business to a class of
persons determined without regard to whether they
are, or are identified with, labor organizations and

3

whose relationship to labor organizations is not
ordinarily known to or readily ascertainable by the
payer, for example, interest on bonds and dividends
on stock issued by the reporting employer; (b) loans
made to employees under circumstances and terms
unrelated to the employees' status in a labor
organization; (c) payments made to any regular
employee as wages or other compensation for service
as a regular employee of the employer, or by reason
of his service as an employee of such employer, for
periods during regular working hours in which such
employee engages in activities other than productive
work, if the payments for such periods of time are: (1)
required by law or a bona fide collective bargaining
agreement, or (2) made pursuant to a custom or
practice under such a collective agreement, or (3)
made pursuant to a policy, custom, or practice with
respect to employment in the establishment which the
employer has adopted without regard to any holding
by such employee of a position with a labor
organization; (d) initiation fees and assessments paid
to labor organizations and deducted from the wages of
employees pursuant to individual assignments
meeting the terms specified in paragraph (4) of
Section 302(c) of the LMRA; (e) sporadic or
occasional gifts, gratuities, or favors of insubstantial
value, given under circumstances and terms unrelated
to the recipients' status in a labor organization; for
example, traditional Christmas gifts.

represent you before any court proceeding,
administrative agency, or tribunal of arbitration; or (3)
engaging in collective bargaining on your behalf with
respect to wages, hours, or other terms or conditions of
employment or negotiating an agreement or any
question arising thereunder.
If an agreement or arrangement covering the listed
services also covers other activities referred to in the
initial question, the exclusion does not apply and the
information required for the entire agreement must be
reported.
8.f. In answering Item 8.f, exclude agreements or
arrangements for obtaining information solely for use in
conjunction with an administrative or arbitral
proceeding or a criminal or civil judicial proceeding.
PART B (ITEMS 9 – 12)
You must complete a separate Part B for each YES
answer in Item 8 and for each separate reportable
transaction as described in Section III of these
instructions. At the top of Part B, check the appropriate
Item number box to which this Part B applies.
9.

AGREEMENT OR PAYMENT
9.a. Check the appropriate box describing
whether this Part B covers an agreement, a
payment, or both.

8.b. In answering Item 8.b, exclude expenditures
made to any regular officer, supervisor, or
employee as compensation for services as a
regular officer, supervisor, or employee.

9.b. Enter the name and complete mailing
address of the individual with whom you made a
reportable agreement or to whom payments
were made. Enter the name and address of the
firm or organization in Item 9.d.

8.c. In answering Item 8.c, exclude expenditures
relating exclusively to matters protected by Section
8(c) of the National Labor Relations Act, as
amended (NLRA).

9.c. Give the position (or title) of each person
listed in Item 9.b. as follows:

NOTE: The definition set forth in Section 203(g)
of the LMRDA for the term "interfere with,
restrain, or coerce" excludes matters protected by
Section 8(c) of the NLRA. Therefore,
expenditures related exclusively to such matters
protected by Section 8(c) are not required to be
reported in this question. (The text of Section 8(c)
of the NLRA is set forth below.)

• If the answer to Item 8.a. in Part A is
YES, indicate the position in the labor
organization of each person listed in
Item 9.b.
• If the answer to Item 8.b. in Part A is
YES, identify the position in the
reporting firm of each person listed in
Item 9b.

8.d. In answering Item 8.d, exclude the following:

• If the answer to Item 8.c. or Item 8.d. in
Part A is YES, indicate the position in
the firm or labor organization of each
person listed in Item 9.b.

Information for use solely in conjunction with an
administrative or arbitral proceeding or a criminal
or civil judicial proceeding; and (2) Expenditures
made to any regular officer, supervisor, or
employee as compensation for service as a
regular officer, supervisor, or employee.

• If the answer to Item 8.e. or Item 8.f. in
Part A is YES, indicate the position of
each person in a firm or the occupation
of each person listed in Item 9.b.

8.e. In answering Item 8.e, exclude agreements or
arrangements covering services related exclusively to
the following: (1) giving you advice; or (2) agreeing to

9.d.

4

Enter the full name and address of the

firm, group, or labor organization to whom
payments were made, with whom the
agreement or arrangement was made, or with
whom the person listed in Item 9.b. was
employed or affiliated

incomplete responses or unclear explanations will render
this report deficient. If you need additional space to
complete Item 12, see Section X (Completing Form LM10).
SIGNATURES

10. DATE AND NATURE OF PROMISE,
AGREEMENT, OR ARRANGEMENT

13-14. SIGNATURES—The completed Form LM-10
which is filed with OLMS must be signed by both the
president and treasurer, or corresponding principal
officers, of the reporting employer. A report from a sole
proprietor need only bear one signature which you
should enter in Item 13. Otherwise, this report must
bear two (2) signatures.

10.a. If you agreed or promised to make payments
or if you actually made payments during the
fiscal year pursuant to a promise, agreement,
or arrangement, indicate the date on which
either the promise was made or the
agreement or arrangement was entered into.
If the payments listed in Item 11 are unrelated
to an agreement or arrangement, enter NONE
in this section. Indicate whether the promise,
agreement, or arrangement was oral, written,
or both. Attach or upload a copy of any
written agreement entered into during the
fiscal year covered in this report.

If the report is signed by an officer other than the
president and/or treasurer, so indicate in Items 13 and/or
14 by (1) crossing out the pre-printed officers’ titles(s)
and (2) inserting the appropriate officer titles(s). You
must have original signatures on the Form LM-10 filed
with OLMS; stamped or mechanical signatures are
unacceptable.
Electronically filed Form LM-10 must be electronically
signed by both the president and treasures, or
corresponding principal officers, of the reporting
employer. A report from a sole proprietor need only
bear one signature which you should enter in item 13.
Otherwise, this report must bear two (2) signatures.

11. PAYMENT OR EXPENDITURE
11.a. Enter the date of each payment
referred to in Item 9.
11.b. If the form of payment was cash, enter
the U.S. dollar amount of each payment
made during the fiscal year. If the form of
payment was property, provide the market
value in U.S. dollars of the property at the
time of the transfer.

If filing electronically, then you must Save and revalidate
the form. Once the form has passed validation, then you
must click to sign the report.
Enter the telephone number used by the signatories to
conduct official business. You do not have to report a
private, unlisted telephone number.

11.c. Indicate whether the payment was
either a remuneration, gift, or loan.
Specify the method of payment (for
example, cash, check, or securities, or
other property).

SELECTED DEFINITIONS FROM THE LABORMANAGEMENT REPORTING AND DISCLOSURE
ACT OF 1959, AS AMENDED (LMRDA)
SEC. 3. For the purposes of titles I, II, III, IV, V except
section 505), and VI of this Act-

12. CIRCUMSTANCES OF ALL PAYMENTS—
Provide a full explanation identifying the purpose and
circumstances of the payments, promises, agreements,
or arrangements included in the report. Your
explanation must contain a detailed account of services
rendered or promised in exchange for promises or
payments you have already made or agreed to make.
Your explanation must fully outline the conditions and
terms of all listed agreements.

(a) "Commerce" means trade, traffic, commerce,
transportation, transmission, or communication
among the several States or between any State
and any place outside thereof.
(b) "State" includes any State of the United States, the
District of Columbia, Puerto Rico, the Virgin
Islands, American Samoa, Guam, Wake Island,
the Canal Zone, and Outer Continental Shelf lands
defined in the Outer Continental Shelf Lands Act
(43 U.S.C. 1331-1343).
(c) "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

In addition to the above, you must indicate whether the
payments or promises reported specifically benefited
the person or persons listed in Item 9.b, or the firm,
group, or labor organization named in Item 9.d. If you
made payments, promises, or agreements through a
person or persons not shown above, you must provide
the full name and address of such person or persons.
Your explanation must clearly indicate why you must
report the payment, promise, or agreement. Any

5

amended.
(d) "Person" includes one or more individuals, labor
organizations, partnerships, associations,
corporations, legal representatives, mutual
companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trustees in
cases under Title 11 of the United States Code, or
receivers.
(e) "Employer" means any employer or any group or
association of employers engaged in an industry
affecting commerce
(1) which is, with respect to employees engaged
in an industry affecting commerce, an
employer within the meaning of any law of
the United States relating to the employment
of any employees or
(2) which may deal with any labor organization
concerning grievances, labor disputes,
wages, rates of pay, hours of employment,
or conditions of work, and includes any
person acting directly or indirectly as an
employer or as an agent of an employer in
relation to an employee but does not include
the United States or any corporation wholly
owned by the Government of the United
States or any State or political subdivision
thereof.
(f) "Employee" means any individual employed by
an employer, and includes any individual whose
work has ceased as a consequence of, or in
connection with, any current labor dispute or
because of any unfair labor practice or because
of exclusion or expulsion from a labor
organization in any manner or for any reason
inconsistent with the requirements of this Act.
(g) "Labor dispute" includes any controversy
concerning terms, tenure, or conditions of
employment, or concerning the association or
representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange
terms or conditions of employment, regardless of
whether the disputants stand in the proximate
relation of employer and employee.
(h) Not applicable.
(i) "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.

(j) A labor organization shall be deemed to be
engaged in an industry affecting commerce if it-(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 or an
employer or employers engaged in an
industry affecting commerce; or
(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
(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
(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 commerce within the meaning of
any of the preceding paragraphs of this
subsection, other than a State or local
central body.
(k) Not applicable.
(l) Not applicable.
(m) "Labor relations consultant" means any person who,
for compensation, advises or represents an
employer, employer organization, or labor
organization concerning employee organizing,
concerted activities, or collective bargaining
activities.
(n) "Officer" means 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.
(o) Not applicable.
(p) Not applicable.
(q) "Officer, agent, shop steward, or other
representative," when used with respect to a
labor organization, includes elected officials and
key administrative personnel, whether elected or
appointed (such as business agents, heads of
departments or major units, and organizers who
exercise substantial independent authority), but

6

does not include salaried non-supervisory
professional staff, stenographic, and service
personnel.

NATIONAL LABOR RELATIONS ACT, AS
AMENDED
Section 8. "(c) The expressing of any views, argument,
or opinion or the dissemination thereof, whether in
written, printed, graphic, or visual form, shall not
constitute or be evidence of an unfair labor practice
under any of the provisions of this Act, if such
expression contains no threat of reprisal or force or
promise of benefit.”
RELATED PROVISIONS OF THE LABORMANAGEMENT REPORTING AND DISCLOSURE
ACT OF 1959, AS AMENDED (LMRDA)
Report of Employers
Sec. 203.
(a) Every employer who in any fiscal year made(1) any payment or loan, direct or indirect, of
money or other thing of value (including
reimbursed expenses), or any promise or
agreement therefore, to any labor
organization or officer, agent, shop steward,
or other representative of a labor
organization, or employee of any labor
organization, except
(a) payments or loans made by any national
or State bank, credit union, insurance
company, savings and loan association or
other credit institution and
(b) payments of the kind referred to in section
302 (c) of the Labor Management
Relations Act, 1947, as amended;
(2) any payment (including reimbursed expenses)
to any of his employees, or any group or
committee of such employees, for the purpose
of causing such employee or group or
committee of employees to persuade other
employees to exercise or not to exercise, or as
the manner of exercising, the right to organize
and bargain collectively through
representatives of their own choosing unless
such payments were contemporaneously or
previously disclosed to such other employees;
(3) any expenditure, during the fiscal year, where
an object thereof, directly or indirectly, is to
interfere with, restrain, or coerce employees in
the exercise of the right to organize and
bargain collectively through representatives of
their own choosing, or is to obtain information
concerning the activities of employees, or a
labor organization in connection with a labor
dispute involving such employer, except for use

7

solely in conjunction with an administrative or
arbitral proceeding or a criminal or civil judicial
proceeding;
(4) any agreement or arrangement with a labor
relations consultant or other independent
contractor or organization pursuant to which
such person undertakes activities where an
object thereof, directly or indirectly, is to
persuade employees to exercise or not to
exercise, or persuade employees as to the
manner of exercising, the right to organize and
bargain collectively through representatives of
their own choosing, or undertakes to supply
such employer with information concerning the
activities of employees or a labor organization
in connection with a labor dispute involving
such employer, except information for use
solely in conjunction with an administrative or
arbitral proceeding or a criminal or civil judicial
proceeding; or
(5) any payment (including reimbursed expenses)
pursuant to an agreement or arrangement
described in subdivision(4);
shall file with the Secretary a report, in a form
prescribed by him, signed by its president and
treasurer or corresponding principal officers
showing in detail the date and amount of each such
payment, loan, promise, agreement, or
arrangement and the name, address, and position,
if any, in any firm or labor organization of the
person to whom it was made and a full explanation
of the circumstances of all such payments,
including the terms of any agreement or
understanding pursuant to which they were made.
(b) Every person who pursuant to any agreement
or arrangement with an employer undertakes
activities where an object thereof is, directly or
indirectly(1) to persuade employees to exercise or not
to exercise, or persuade employees as to
the manner of exercising, the right to
organize and bargain collectively through
representatives of their own choosing; or
(2) to supply an employer with information
concerning the activities of employees or
a labor organization in connection with a
labor dispute involving such employer,
except information for use solely in
conjunction with an administrative or
arbitral proceeding or a criminal or civil
judicial proceeding;
shall file within thirty days after entering into such
agreement or arrangement a report with the
Secretary, signed by its president and treasurer or
corresponding principal officers, containing the
name under which such person is engaged in doing
business and the address of its principal office, and
a detailed statement of the terms and conditions of
such agreement or arrangement. Every such person

(c)

(d)

(e)
(f)

(g)

(h)

shall file annually, with respect to each fiscal year
during which payments were made as a result of
such an agreement or arrangement, a report with
the Secretary, signed by its president and treasurer
or corresponding principal officers, containing a
statement (A) of its receipts of any kind from
employers on account of labor relations advice or
services, designating the sources thereof, and (B) of
its disbursements of any kind, in connection with
such services and the purposes thereof. In each
such case such information shall be set forth in such
categories as the Secretary may prescribe.
Nothing in this section shall be construed to require
any employer or other person to file a report
covering the services of such person by reason of
his giving or agreeing to give advice to such
employer or representing or agreeing to represent
such employer before any court, administrative
agency, or tribunal of arbitration or engaging or
agreeing to engage in collective bargaining on
behalf of such employer with respect to wages,
hours, or other terms or conditions of employment
or the negotiation of an agreement or any question
arising thereunder.
Nothing contained in this section shall be construed
to require an employer to file a report under
subsection (a) unless he has made an expenditure,
payment, loan, agreement, or arrangement of the
kind described therein. Nothing contained in this
section shall be construed to require any other
person to file a report under subsection (b) unless
he was party to an agreement or
arrangement of the kind describer therein.
Nothing contained in this section shall be construed
to require any regular officer, supervisor, or
employee of an employer to file a report in
connection with services rendered to such employer
nor shall any employer be required to file a report
covering expenditures made to any regular officer,
supervisor, or employee of an employer as
compensation for services as a regular officer,
supervisor, or employee of such employer.
Nothing contained in this section shall be construed
as an amendment to, or modification of the rights
protected by, section 8 (c) of the National Labor
Relations Act, as amended.
The term "interfere with, restrain, or coerce" as used
in this section means interference, restraint, and
coercion which, if done with respect to the exercise
of rights guaranteed in section 7 of the National
Labor Relations Act, as amended, would, under
section 8(a) of such Act, constitute an unfair labor
practice.

SECTION 302(c) OF THE LABOR MANAGEMENT
RELATIONS ACT, 1947, AS AMENDED
"(c) The provisions of this section shall not be applicable
(1) in respect to any money or other thing of value

8

payable by an employer to any of his employees whose
established duties include acting openly for such
employer in matters of labor relations or personnel
administration or to any representative of his employees,
or to any officer or employee of a labor organization, who
is also an employee or former employee of such
employer, as compensation for, or by reason of, his
service as an employee of such employer; (2) with
respect to the payment or delivery of any money or other
thing of value in satisfaction of a judgment of any court
or a decision or award of an arbitrator or impartial
chairman or in compromise, adjustment, settlement, or
release of any claim, complaint, grievance, or dispute in
the absence of fraud or duress; (3) with respect to the
sale or purchase of an article or commodity at the
prevailing market price in the regular course of business;
(4) with respect to money deducted from the wages of
employees in payment of membership dues in a labor
organization: Provided, That the employer has received
from each employee, on whose account such deductions
are made, a written assignment which shall not be
irrevocable for a period of more than one year, or
beyond the termination date of the applicable collective
agreement, which-ever occurs sooner; (5) with respect
to money or other thing of value paid to a trust fund
established by such representative, for the sole and
exclusive benefit of the employees of such employer,
and their families and dependents (or of such
employees, families, and dependents jointly with the
employees of other employers making similar payments,
and their families and dependents) Provided, That (A)
such payments are held in trust for the purpose of
paying, either from principal or income or both, for the
benefit of employees, their families and dependents, for
medical or hospital care, pensions on retirement or death
of employees, compensation for injuries or illness
resulting from occupational activity or insurance to
provide any of the foregoing, or unemployment benefits
or life insurance, disability and sickness insurance, or
accident insurance; (B) the detailed basis on which such
payments are to be made is specified in a written
agreement with the employer, and employees and
employers are equally represented in the administration
of such fund together with such neutral persons as the
representatives of the employers and the
representatives of employees may agree upon and in
the event of the employer and employee groups
deadlock on the administration of such fund and there
are no neutral persons empowered to break such deadlock, such agreement provides that the two groups shall
agree on an impartial umpire to decide such dispute, or
in event of their failure to agree within a reasonable
length of time, an impartial umpire to decide such
dispute shall, on petition of either group, be appointed
by the district court of the United States for the district
where the trust fund has its principal office, and shall
also contain provisions for an annual audit of the trust
fund, a statement of the results of which shall be
available for inspection by interested persons at the

If You Need Assistance

principal office of the trust fund and at such other places
as may be designated in such written agreement; and
(C) such payments as are intended to be used for the
purpose of providing pensions or annuities for
employees are made to a separate trust which provides
that the funds held therein cannot be used for any
purpose other than paying such pensions or annuities;
or (6) with respect to money or other thing of value paid
by any employer to a trust fund established by such a
representative for the purpose of pooled vacation,
holiday, severance or similar benefits, or defraying costs
of apprenticeship or other training programs: Provided,
That no labor organization or employer shall be required
to bargain on the establishment of any such trust fund,
and refusal to do so shall not constitute an unfair labor
practice: Provided further, That the requirements of
clause (B) of the proviso to clause (5) of this subsection
shall apply to such trust funds; (8) with respect to
money or any other thing of value paid by any employer
to a trust fund established by such representative for the
purpose of defraying the costs of legal services for
employees, their families, and dependents for counsel
or plan of their choice: Provided, That the requirements
of clause (B) of the proviso to clause (5) of this
subsection shall apply to such trust funds; (7) with
respect to money or other things of value paid by any
employer to a pooled of individual trust fund established
by such representative for the purpose of (A)
scholarship for the benefits employees, their families,
and dependents for study at educational institutions, or
(B) child care centers for preschool and school age
dependents of employees: Provided, That no labor
organization or employer shall be required to bargain on
the establishment of any such trust fund, and refusal to
do so shall not constitute an unfair labor practice:
Provided further, That no such legal services shall be
furnished: (A) to initiate any proceeding directed (i)
against any such employer or its officers or agents
except in workman's compensation cases, or (ii) against
such labor organization, or its parent or subordinate
bodies, or their officers or agents, or (iii) against any
other employer or labor organization, or their officers or
agents, in any matter arising under the National Labor
Relations Act, as amended, or this Act; and (B) in any
proceeding where a labor organization would be
prohibited from defraying the costs of legal services by
the provisions of the Labor-Management Reporting and
Disclosure Act of 1959; or (9) with respect to money or
other things of value paid by an employer to a plant,
area or industry-wide labor management committee
established for one or more of the purposes set forth in
section 5(b) of the Labor Management Cooperation Act
of 1978."

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
Fort Lauderdale, FL
Honolulu, HI
Kansas City, MO
Los Angeles, CA
Milwaukee, WI
Minneapolis, MN
Nashville, TN
New Orleans, LA
New York, NY
Philadelphia, PA
Pittsburgh, PA
St. Louis, MO
San Francisco, CA
Seattle, WA
Tampa, FL
Washington, DC
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.unionreports.gov. Copies of
reports for the year 1999 and earlier can be ordered
through the website.
Code of Federal Regulations (CFR) documents, is also
available on the Internet at: http://www.olms.dol.gov
Additionally, you can call the OLMS national office at
(202) 693-0123 or email [email protected].
(Technical Revisions 3/2015; 11/2016; 2/2020)

9


File Typeapplication/pdf
File TitleMicrosoft Word - instructions copy.doc
Authormbresnah
File Modified2020-02-19
File Created2020-02-19

© 2024 OMB.report | Privacy Policy