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Published byAnastasia Nichols Modified over 9 years ago
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Local Union Officer Responsibilities under the LMRDA
U.S. Department of Labor/ESA Office of Labor-Management Standards
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Los Angeles District Office
Jeffrey C. Gitomer District Director 911 Wilshire Blvd., # 910 Los Angeles, CA (213) /Fax (213)
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OLMS’ Mission Enforce the LMRDA Financial integrity Union democracy
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OLMS Enforces the LMRDA. . . In Four Ways:
Reporting and Disclosure Audits Civil and Criminal Investigations Liaison and Compliance Assistance
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Financial Integrity LM reports (Title II)
Bonding investigations (Title V) Audits (Titles II & V) Record keeping Reporting Embezzlement
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Union Democracy Investigate complaints Officer Elections (Title IV)
Trusteeships (Title III) Supervise elections
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Officer Responsibilities
Administrative Financial Reporting Elections
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Administrative Responsibilities
. Constitution & bylaws . Member rights . Collective bargaining agreements . Publicizing LMRDA . LMRDA Section 504 . Discipline
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Constitution & Bylaws Adopt and enforce constitution and bylaws
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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
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Collective Bargaining Agreements
Maintain copies of all CBAs negotiated Give copies to those covered by CBAs Let members examine all CBAs
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LMRDA Inform members about the LMRDA
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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
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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!
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Financial Responsibilities
. Fiduciary duties . Surety bonding . Loans . Records
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Fiduciary Duties Manage assets for benefit of union
Manage funds according to constitution Avoid conflicts of interest Account for profits (and losses)
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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
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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.
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Records Unions must maintain all financial records
Records must support LM reports Maintain financial records 5 years Members have right to examine records
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Reporting Responsibilities
. Initial organizational report . Annual financial reports . Officer & employee reports . Employer & consultant reports . Trusteeship reports
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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
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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
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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
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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
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Trusteeships LM-15 initial & semi-annually
LM-15A for selection of delegates and officers LM-16 termination
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Officer Elections . Member rights . Candidate rights
. Election safeguards
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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
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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
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Election Safeguards Follow constitution & bylaws
Current membership mailing list Current candidate & voter eligibility lists Protect ballots No intimidation Keep all election records 1 year
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Questions Call Los Angeles District Office (213) 534-6405
OLMS web site:
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