Local Union Officer Responsibilities under the

LMRDA

U.S. Department of Labor/ESA

Office of Labor-Management Standards

Los Angeles District Office

Jeffrey C. Gitomer

District Director

911 Wilshire Blvd., # 910

Los Angeles, CA 90017

(213)534-6405/Fax (213)534-6413 email: gitomer@sfc.dol-esa.gov

OLMS’ Mission

Enforce the LMRDA•Financial integrity

•Union democracy

OLMS Enforces the LMRDA. . .In Four Ways:

• Reporting and Disclosure

• Audits

• Civil and Criminal Investigations

• Liaison and Compliance Assistance

Financial Integrity

•LM reports (Title II)•Bonding investigations (Title V)•Audits (Titles II & V)

–Record keeping–Reporting–Embezzlement

Union Democracy

•Investigate complaints

–Officer Elections (Title IV)

–Trusteeships (Title III)

•Supervise elections

Officer Responsibilities

•Administrative

•Financial

•Reporting

•Elections

Administrative Responsibilities

1. Constitution & bylaws

2. Member rights

3. Collective bargaining agreements

4. Publicizing LMRDA

5. LMRDA Section 504

6. Discipline

Constitution & Bylaws

Adopt and enforce constitution and bylaws

Protect Member Rights

•Right to nominate candidates

•Right to vote for candidates

•Attend and vote at meetings

•Vote on dues, fees and assessments

•Right to legal action

•Disciplinary due process

Collective Bargaining Agreements

•Maintain copies of all CBAs negotiated

•Give copies to those covered by CBAs

•Let members examine all CBAs

LMRDA

Inform members about the LMRDA

Enforce LMRDA Section 504

People convicted of certain crimes can’t be union officers or employees for 13 years!

•Embezzlement, burglary & theft

•Bribery & extortion

•Murder, assault & rape

•Arson & narcotics violations

Disciplinary Action to Members

•Provide due process

– Written notice of charges w/specificity

– Opportunity to prepare a defense

– Offer testimony & examine witnesses

– Impartial tribunal/Fair hearing

•Don’t discipline for exercising LMRDA rights!

Financial Responsibilities

1. Fiduciary duties

2. Surety bonding

3. Loans

4. Records

Fiduciary Duties

•Manage assets for benefit of union

•Manage funds according to constitution

•Avoid conflicts of interest

•Account for profits (and losses)

Bonding

•Bond for everyone handling union funds

•Minimum bond of 10% of all funds (liquid assets [cash, etc.] + gross receipts)

•Bond range from $500 (threshold) to $500,000 (maximum required)

Starting cash + total receipts x 10% = Bond

Loans

Loans > $2,000 to officers & employees are ILLEGAL!

Travel advances not accounted for with travel vouchers & vendor receipts, or not repaid within 30 days, constitute loans.

Records

•Unions must maintain all financial records

•Records must support LM reports

•Maintain financial records 5 years

•Members have right to examine records

Reporting Responsibilities

1. Initial organizational report

2. Annual financial reports

3. Officer & employee reports

4. Employer & consultant reports

5. Trusteeship reports

LM-1

•Initial organizational report

•File within 90 days of establishment

•Signed by president and secretary

•Union operations and constitutional provisions

•File number is assigned by OLMS

LM-2/3/4

•Annual financial reports

•LM-4 Receipts < $10,000

•LM-3 Receipts $10,000 - $199,999

•LM-2 Receipts $200,000 + or trusteeships

•Signed by president & treasurer

•File within 90 days after end of fiscal year

•Terminal reports within 30 days after end of period

LM-30

•Union officer & employee reports

•Payments from employer other than:

–Regular salary

–Regular benefits

•Payments to officer, employee or their families

•Conflicts of interest

•Payments prohibited by 29 USC 186

Employers & Consultants

•LM-10 filed by employers

–Payments to union officers & employees

–Payments to labor consultants

•LM-20 & LM-21 filed by consultants

–Discourage (or encourage) labor organizing

–Direct communication with employees

–Spying (collecting info) on employees

Trusteeships

•LM-15 initial & semi-annually

•LM-15A for selection of delegates and officers

•LM-16 termination

Officer Elections

1. Member rights

2. Candidate rights

3. Election safeguards

Member Rights

•Secret ballot elections every 3/4/5 years

•Reasonable opportunity to nominate

–Issue nominations notice

•Reasonable opportunity to vote

–Mail election notices to members’ homes

–No later than 15 days before the election

Candidate Rights

•Inspection of membership list

•Distribution of campaign literature

•Reasonable opportunity to campaign

•No discriminatory treatment of candidates

•No use of union or employer funds

Election Safeguards

•Follow constitution & bylaws

•Current membership mailing list

•Current candidate & voter eligibility lists

•Protect ballots

•No intimidation

• Keep all election records 1 year

Questions

•Call Los Angeles District Office

(213) 534-6405

OLMS web site:

www.olms.dol.gov