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Local Union Officer Responsibilities under the LMRDA

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Presentation on theme: "Local Union Officer Responsibilities under the LMRDA"— Presentation transcript:

1 Local Union Officer Responsibilities under the LMRDA
U.S. Department of Labor/ESA Office of Labor-Management Standards

2 Los Angeles District Office
Jeffrey C. Gitomer District Director 911 Wilshire Blvd., # 910 Los Angeles, CA (213) /Fax (213)

3 OLMS’ Mission Enforce the LMRDA Financial integrity Union democracy

4 OLMS Enforces the LMRDA. . . In Four Ways:
Reporting and Disclosure Audits Civil and Criminal Investigations Liaison and Compliance Assistance

5 Financial Integrity LM reports (Title II)
Bonding investigations (Title V) Audits (Titles II & V) Record keeping Reporting Embezzlement

6 Union Democracy Investigate complaints Officer Elections (Title IV)
Trusteeships (Title III) Supervise elections

7 Officer Responsibilities
Administrative Financial Reporting Elections

8 Administrative Responsibilities
. Constitution & bylaws . Member rights . Collective bargaining agreements . Publicizing LMRDA . LMRDA Section 504 . Discipline

9 Constitution & Bylaws Adopt and enforce constitution and bylaws

10 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

11 Collective Bargaining Agreements
Maintain copies of all CBAs negotiated Give copies to those covered by CBAs Let members examine all CBAs

12 LMRDA Inform members about the LMRDA

13 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

14 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!

15 Financial Responsibilities
. Fiduciary duties . Surety bonding . Loans . Records

16 Fiduciary Duties Manage assets for benefit of union
Manage funds according to constitution Avoid conflicts of interest Account for profits (and losses)

17 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

18 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.

19 Records Unions must maintain all financial records
Records must support LM reports Maintain financial records 5 years Members have right to examine records

20 Reporting Responsibilities
. Initial organizational report . Annual financial reports . Officer & employee reports . Employer & consultant reports . Trusteeship reports

21 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

22 LM-2/3/4 Annual financial reports LM-4 Receipts < $10,000
LM 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

23 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

24 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

25 Trusteeships LM-15 initial & semi-annually
LM-15A for selection of delegates and officers LM-16 termination

26 Officer Elections . Member rights . Candidate rights
. Election safeguards

27 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

28 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

29 Election Safeguards Follow constitution & bylaws
Current membership mailing list Current candidate & voter eligibility lists Protect ballots No intimidation Keep all election records 1 year

30 Questions Call Los Angeles District Office (213) 534-6405
OLMS web site:


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