LM-10 Employer Report

President

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Treasurer

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Paperwork Reduction Act Statement
Public reporting burden for this collection of information is estimated to average 40-50 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
followthese instructions.

I. WHY FILE

III. WHAT MUST BE REPORTED

The Labor-Management Reporting and Disclosure Act of
1959, as amended (LMRDA), requires public disclosureof
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.

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
duringthe 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.

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 notindicate
whether it is or is not subject to any legal prohibition.

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 oneperson 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) ofthe 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.

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
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identified personnel on particular matters referred to inthe

second paragraph of the instructions for Item 8.a.

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.

While Section 203 of the LMRDA does not amend, or
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 thetype set forth in Item 8,
since the LMRDA requires such reports, regardless of
whether the activities are protectedby 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) ofthe LMRDA of the term "interfere with, restrain, or
coerce," which is used in Item 8.c, does not cover such
matters.

TEMPORARY HARDSHIP EXEMPTION:
If an employer experiences unanticipated technical
difficulties that prevent the timely preparation and
submission of an electronic filing, the organization may
assert a temporary hardship exemption to prepareand
submit Form LM-10 in paper format by the requireddue
date. An electronic format copy of the filed paper format
document shall be submitted to the Department within
ten business days after the required due date.
Unanticipated technical difficulties that may result in
additional delays should be brought to the attention of
OLMS by email at [email protected], or by phone
at (202) 693-0123.

NOTE: The text of NLRA Section 8(c) is set forth following
these instructions.

NOTE: If either the paper filing or the electronic filing is
not received in the timeframe specified above, the
report will be considered delinquent.

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.

VII. PUBLIC DISCLOSURE
Pursuant to the LMRDA, the U.S. Department of Labor
is required to make all submitted reports available for
public inspection. Reports may be viewed and
downloaded from the website at www.unionreports.gov.
For assistance, please email [email protected] or
call (202) 693-0123.

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.

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.
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.”
IX. RECORDKEEPING

VI. HOW TO FILE
The Form LM-10 must 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.
If you must file an amended report, follow the prompts
within EFS. Filers will be able to submit a report in
paper format only if they assert a temporary hardship
exemption.
NOTE: Upon registering with OLMS, the signatories
and preparers must enter email addresses they use to
conduct business, in order to file the form via the
OLMS Electronic Forms System. While the email
addresses will not appear on the report, OLMS may
use the email address of the signatories and any
preparers to contact the employer concerning LMRDA
compliance.
If you have difficulty navigating the software, or have
questions about its functions and features, call the OLMS

The individuals required to file Form LM-10 are
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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, and
applicable resolutions.

corresponding principal officer if it is different from the
address in Item 3.
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.

X. COMPLETING FORM LM-10

6. RECORDS ARE AVAILABLE—Select the
appropriate box(es) where the records necessary to
verify this report are available for examination.

Read the instructions carefully before completing Form
LM-10.
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.

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.
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.

PART A (ITEMS 1 – 8)
1. FILE NUMBER—The software will enter the five- digit
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 OLMS- [email protected], or calling
OLMS at (202) 693-0123.
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 OLMS has
received employer reports.

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 theLMRA is set forth below.)

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:
(a) 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
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

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
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the employer, or by reason ofhis 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:

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.

(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
whichthe 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
Section302(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.

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, apayment, or both.
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 thefirm or organization in Item 9.d.

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

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).

• 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 inItem 9b.
• 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.
• 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.

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.)
8.d. In answering Item 8.d, exclude the following:
(1) 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.

9.d. 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.

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
represent you before anycourt 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.

10. DATE AND NATURE OF PROMISE, AGREEMENT,
OR ARRANGEMENT
10.a. If you agreed or promised to make paymentsor 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,
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enter NONE in this section.

the filer should omit the name of the agency. For a
definition of Federal “contract,” “contracting agency,”
“contractor,” “government contract,” “modification of a
contract,” “prime contractor,” “subcontract,” and
“subcontractor,” please see the Executive Order 13496
(Notification of Employee Rights Under Federal Labor
Laws) implementing regulations at 29 CFR § 471.1
(excerpts below). Any incomplete responses or
unclear explanations will render this report deficient.

10.b 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.
11. PAYMENT OR EXPENDITURE
11.a. Enter the date of each payment referred to in Item 9.

SIGNATURES

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 thetime of the transfer.

13-14. SIGNATURES—The completed Form LM-10
which is filed with OLMS must be electronically 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.

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).

If the report is signed by an officer other than the
president and/or treasurer, so indicate in Items 13 and/or
14 by so indicate by entering the correct title in the title
field next to the signature. Then you must Save and
revalidate the form. Once the form has passed
validation, then you must click to sign the report.

12. CIRCUMSTANCES OF ALL PAYMENTS
12.a. 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, including fully identifying
the subject group of employees (i.e., the particular unit or
division in which those employees work).

NOTE: Upon registering with OLMS, the signatories and
preparers must enter email addresses they use to
conduct business, in order to file the form via the OLMS
Electronic Forms System. While the email addresses will
not appear on the report, OLMS may use the email
address of the signatories and any preparers to contact
the employer concerning LMRDA compliance.

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 incomplete responses or
unclear explanations will render this report deficient.
12. b. If you are completing Part B because you checked
YES to any item in Items 8.b. through 8.f., did the
payments or agreements concern employees performing
work pursuant to a Federal contract or subcontract?
Select the appropriate YES or NO box below the
question; if you checked YES to just Item 8.a., then the
N/A box will automatically be checked. Do not leave all
three boxes blank. If the answer to the question is
YES, you must indicate your Unique Entity Identifier. If
you do not have a Unique Entity Identifier, state on the
form that you do not have one. Enter the Federal
contracting agency or agencies that are a party to the
Federal contract(s). If providing the name of a
contracting agency would reveal classified information,

Enter the telephone number used by the signatories to
conduct official business. You do not have to report a
private, unlisted telephone number.
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(a) "Commerce" means trade, traffic, commerce,
transportation, transmission, or communication
among the several States or between any Stateand
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).
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(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 amended. (29 U.S.C. 402 (c)).

representation committee,group, association, or plan so
engaged in whichemployees 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))

(d) "Person" includes one or more individuals, labor
organizations, partnerships, associations,
corporations, legal representatives, mutual
companies, joint-stock companies, trusts,
unincorporated organizations, trustees, trusteesin
cases under Title 11 of the United States Code, or
receivers.

(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 asthe
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, subordinateto
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.

(e) "Employer" means any employer or any groupor
association of employers engaged in an industry
affecting commerce
(1) which is, with respect to employees engaged
inan 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 conditionsof
work, and includes any person acting directlyor
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 becauseof 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 ofwhether the
disputants stand in the proximate relation of employer and
employee.
(h)

(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.

Not applicable.

(i) "Labor organization" means a labor organization
engaged in an industry affecting commerce andincludes
any organization of any kind, any agency, or employee

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(n) "Officer" means any constitutional officer, any person
authorized to perform the functions of president, vice
president, secretary, treasurer, orother executive functions

of a labor organization,and any member of its executive
board or similargoverning body.

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 usesolely in
conjunction with an administrative or arbitral
proceeding or a criminal or civil judicial
proceeding;

(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 does not include salaried nonsupervisory professional staff, stenographic, and service
personnel.

(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);

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 asthe manner of
exercising, the right to organize and bargain
collectively through representatives of their own
choosing unless such payments were

shall file with the Secretary a report, in a form prescribed
by him, signed by its president and treasurer or
corresponding principal officers showingin 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 notto
exercise, or persuade employees as tothe
manner of exercising, the right to organize
and bargain collectively through
representatives of their own choosing; or
(2) to supply an employer with information
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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;

section 8 (c) of the National Labor Relations Act, as
amended
(g) 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.

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 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.

SECTION 302(c) OF THE LABOR
MANAGEMENTRELATIONS 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 payable
byan 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
employeeor 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, ordispute in the absence of
fraud or duress; (3) with respect tothe 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 familiesand dependents, for
medical or hospital care, pensions onretirement 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 detailedbasis on which such
payments are to be made is specified in a written

(c) Nothing in this section shall be construed to 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.
(d) Nothing contained in this section shall be require any
employer or other person to file areport 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 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 a party to an
agreement or arrangement of the kind described therein.
(e) Nothing contained in this section shall be construed to
require any regular officer, supervisor, or employee of an
employer to filea 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 forservice as a regular officer, supervisor, or
employee of such employer.
(f) Nothing contained in this section shall be construedas
an amendment to, or modification of the rights protected by,
8

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 dead- lock, 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 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 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 thing of value
paid by any employer to a pooled or individual trust fund
established by such representative for the purpose of (A)
scholarships for the benefit of 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 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: 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 LaborManagement 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
thepurposes set forth in section 5(b) of the Labor
ManagementCooperation Act of 1978."
OLMS has adopted the following definitions from
Executive Order 13496 Implementing Regulations at
29 CFR § 471.1
Contract means, unless otherwise indicated, any
Government contract or subcontract.
Contracting agency means any department, agency,
establishment, or instrumentality in the executive branch of
the Government, including any wholly owned Government
corporation, that enters into contracts.
Contractor means, unless otherwise indicated, a prime
contractor or subcontractor.
Government contract means any agreement or modification
thereof between any contracting agency and any person for
the purchase, sale, or use of personal property or nonpersonal services. The term “personal property,” as used in
this section, includes supplies, and contracts for the use of
real property (such as lease arrangements), unless the
contract for the use of real property itself constitutes real
property (such as easements). The term “non-personal
services” as used in this section includes, but is not limited
to, the following services: utilities, construction,
transportation, research, insurance, and fund depository.
The term Government contract does not include:
(1) Agreements in which the parties stand in the
relationship of employer and employee; and
(2) Federal financial assistance, as defined in 29 CFR
31.2.
Modification of a Contract means any alteration in the terms
and conditions of that contract, including amendments,
renegotiations, and renewals.
Prime Contractor means any person holding a contract with
a contracting agency, and, for the purposes of subparts B
and C of [29 C.F.R. part 471], includes any person who has
held a contract subject to the Executive Order and [29
C.F.R. part 471].
Subcontract means any agreement or arrangement
between a contractor and any person (in which the parties
do not stand in the relationship of an employer and an
employee):
9

(1) For the purchase, sale or use of personal property
or non-personal services that, in whole or in part, is
necessary to the performance of any one or more
contracts; or
(2) Under which any portion of the contractor's
obligation under any one or more contracts is
performed, undertaken or assumed.
Subcontractor means any person holding a subcontract
and, for the purposes of subparts B and C of [29 C.F.R.
part 471], any person who has held a subcontract subject
to the Executive Order and [29 C.F.R. part 471].
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.
Atlanta-Nashville
Boston-Buffalo
Chicago
Cincinnati-Cleveland
Dallas-New Orleans
Denver-St. Louis
Detroit-Milwaukee
Los Angeles
Philadelphia-Pittsburgh
New York
San Francisco-Seattle
Washington, D.C.
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 are also
available on the Internet at: http://www.dol.gov/olms.
Additionally, you can call the OLMS national office at
(202) 693-0123 or email [email protected].
OMB Control Number 1245-0003
Expiration Date: XX-XX-XXXX
Revised XX 2022

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