Office of Labor-Management Standards (OLMS)
U.S. Department of Labor Employment Standards Administration
Office of Labor-Management Standards
Dallas District Office
525 Griffin Street
Dallas, TX 75202
(972)850-2500 Fax: (972)850-2501
December 2, 2008
Mr. Clarence Walters, President
Government Employees, AFGE AFL-CIO
P.O. Box 1245
Jacksonville, Arkansas 72076
Re: Case Number: -
Dear Mr. Walters:
This office has recently completed an audit of AFGE Local 2066 under the Compliance
Audit Program (CAP) to determine your organization's compliance with the provisions
of the Labor-Management Reporting and Disclosure Act of 1959 LMRDA As
discussed during the exit interview with you, Former President Treasurer
Luafaletele Duhon, and Chief Steward Melvin Swagerty on April 17,2008, the following problems were disclosed during the CAP. The matters listed below are not an exhaustive list of all possible problem areas since the audit conducted was limited in scope.
Pursuant to 29 C.F.R., Section 458.3, the reporting requirement under 29 C.F.R. Section 403.2 (see Section 201(b) of the Labor-Management Reporting and Disclosure Act (LMRDA)) is made applicable to labor organizations subject to the requirements of the CSRA. This provision requires labor organizations to file annual financial reports that accurately disclose their financial condition and operations. The audit disclosed a violation of this requirement. The Labor Organization Annual Report LM-3 filed by Local 2066 for fiscal year ending March 31,2007, was deficient in that:
1. Disbursements to Officers
Local 2066 did not include some reimbursements to officers totaling at least
$589.10 in the amounts reported in Item 24 (All Officers and Disbursements to
Officers). It appears the union erroneously reported these payments in Item 48. The union must report most direct disbursements to Local 2066 officers and some
indirect disbursements made on behalf of its officers in Item 24. A "direct disbursement" to an officer is a payment made to an officer in the form of cash,
property, goods, services, or other things of value. See the instructions for Item 24 for a discussion of certain direct disbursements to officers that do not have to
be reported in Item 24. An "indirect disbursement" to an officer is a payment to another party (including a credit card company) for cash, property, goods,
services, or other things of value received by or on behalf of an officer. However, indirect disbursements for temporary lodging (such as a union check issued to a
hotel) or for transportation by a public carrier (such as an airline) for an officer traveling on union business should be reported in Item 48 (Office and Administrative Expense).
2. Cash Reconciliation
It appears that the cash figures reported in Item 25 are not the cash figures
according to the union's books after reconciliation to the bank statements. The
instructions for Item 25 state that the union should obtain account balances from its books as reconciled to the balances shown on bank statements.
3. Failure to File
Pursuant to 29 C.F.R. Section 458.3, the requirement under 29 C.F.R. Section 402.4
implementing LMRDA Section 201(a) is made applicable to labor organizations
subject to the requirements of the CSRA. This provision requires labor
organizations to file copies of any revised constitution and bylaws when it files
its annual financial report. The audit disclosed a violation of this requirement. Local 2066 amended its constitution and bylaws in 2007, but did not file the required copies with its LM report for that year.
Local 2066 has now filed a copy of its constitution and bylaws.
Local 2066 must file an amended Form LM-3 for fiscal year ending March 31, 2007, to correct the deficient items discussed above. I provided you with a blank form and instructions, and advised you that the reporting forms and instructions are available on the OLMS website (www.olms.dol.gov). The amended Form LM-3 should be submitted to this office at the above address as soon as possible, but not later than December 19, 2008. Before filing, review the report thoroughly to be sure it is complete, accurate, and signed properly with original signatures.
I want to extend my personal appreciation to AFGE Local 2066 for the cooperation and courtesy extended during this compliance audit. I strongly recommend that you make sure this letter and the compliance assistance materials provided to you are passed on to future officers. If we can provide any additional assistance, please do not hesitate to call.
cc: Luafaletele Duhon, Treasurer
Melvin Swagerty, Chief Steward