Download:
pdf |
pdfPublic 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, Office of Labor-Management Standards, Room N-5609, 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
from the beginning of the subordinate labor
organization’s fiscal year to the date of the 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 and treasurer or
corresponding principal officers of the parent union. To
add signature blocks to the Form LM-2 in the electronic
filing system, click on the “Add Signature Block” button
on the bottom of page 1. If paper filing is permitted,
trustees should sign and date the Form LM-2 in the
space below the officers’ signatures in Items 70 and 71.
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 LM16, 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
VI. HOW 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
The completed Form LM-16 and any required
attachments and additional pages must be submitted
electronically to the Department, via the Office of Labor
1
IX. RECORDKEEPING
Management Standards (OLMS) Electronic Forms
System (EFS) linked from the OLMS website at
http://www.dol.gov/olms. If you must file an amended
report, follow the prompts within EFS.
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.
NOTE: Upon registering with OLMS, the signatories and
preparers must enter the email addresses they use to
conduct union 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 union concerning LMRDA compliance.
Individuals are subject to penalties for willfully making
any false entry in or concealing, withholding, or
destroying any books, records, or statements required to
be kept.
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.
X. COMPLETING FORM LM-16
The terminal Form LM-2 must be submitted
electronically, pursuant to the Form LM-2 Instructions.
Read these instructions carefully before completing Form
LM-16.
The Form LM-16 must be completed and submitted
electronically. You may click on the “Validate” button at
any time to check for errors. This action will generate an
“Errors Page” listing any errors that will need to be
corrected before you will be able to sign the form.
Clicking on the signature lines will also perform the
validation function.
VII. PUBLIC DISCLOSURE
Pursuant to the LMRDA, the U.S. Department of Labor is
required to make all submitted reports available for
public inspection. The Form LM-16 reports may be
viewed and downloaded from the OLMS website at
www.unionreports.gov 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. For assistance, please email [email protected] or call (202) 693-0123.
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.
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.
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).
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.”
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.
4. FILE NUMBER OF LABOR ORGANIZATION
TERMINATING THE TRUSTEESHIP— Enter the file
number of the labor organization that is terminating the
trusteeship.
2
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.
9. OFFICERS — Enter the names and titles of the
officers of the subordinate labor organization.
ADDITIONAL INFORMATION AND SIGNATURES
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 if the software has not entered the number.
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.
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
selecting “Other (Specify)” from the drop down box next
to the officer title listed (either President or Treasurer).
Then enter the correct title in the space provided. If the
trustees have a different title such as administrator,
select “Other (Specify)” from the drop down box next to
the Trustee title and enter the correct title in Items 13
and 14. If there are more than two trustees, EFS will
permit additional lines for more trustees to sign and date
the Form LM-16.
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.
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.
Enter the date the report was signed, the email address
and the telephone number(s) used by the signatories to
conduct official business. You do not have to report a
private, unlisted telephone number.
7. METHOD OF TERMINATION OF THE
TRUSTEESHIP — 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.
NOTE: Upon registering with OLMS, the signatories and
preparers must enter the email addresses they use to
conduct union 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 union concerning LMRDA compliance.
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-Nashville
Boston-Buffalo
Chicago
Cincinnati-Cleveland
Dallas-New Orleans
Denver-St. Louis
Detroit-Milwaukee
Los Angeles
Philadelphia-Pittsburgh
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.
3
New York
San Francisco-Seattle
Washington
Consult the OLMS website at
http://www.dol.gov/agencies/olms or local telephone
directory listings under United States Government, Labor
Department, Office of Labor Management Standards, for
the address and telephone number of the nearest field
office. You may also contact OLMS via email at [email protected].
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.unionreports.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.
Additionally, you can call the OLMS national office at
(202) 693-0123 or email [email protected].
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.
Revised December 2021
4
File Type | application/pdf |
File Modified | 2022-12-08 |
File Created | 2022-12-08 |