Office of Labor-Management Standards (OLMS)
U.S. Department of Labor Employment Standards Administration
Office of Labor-Management Standards
Chicago District Office
230 South Dearborn Street
Room 774, Federal Office Building
Chicago 1L 60604
(312) 596-7160 Fax: (312) 596-7174
June 30, 2008
Mr. Robert Kwosek, Treasurer
Bakery, Tobacco & Grain AFL-CIO
1050 W. Roosevelt
West Chicago, IL 60185
LM File Number 060-353
Case Number: -
Dear Mr. Kwosek:
This office has recently completed an audit of Bakery, Tobacco & Grain Local 316G
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 and Frank
Mager, President on June 25,2008, 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.
The audit disclosed a violation of LMRDA Section 201(b), which requires labor organizations to file annual financial reports accurately disclosing their financial condition and operations. The Labor Organization Annual Report (Form LM-3) filed by Local 316G for fiscal year ending December 31,2007, was deficient in the following areas:
1. Local 316G did not report the names of some officers and the total amounts of payments to them or on their behalf in Item 24 (All Officers and Disbursements to Officers). The union must report in Item 24 all persons who held office during the year, regardless of whether they received any payments from the union. Local 316G improperly included the value of certificates of deposit as investments in Statement A (Assets and Liabilities). For LM reporting purposes, OLMS considers a certificate of deposit to be cash. The purchase or redemption of a certificate of deposit is a transfer of cash from one account to another and, therefore, the local should not report these transactions as receipts or disbursements.
3. Cash Reconciliation
It appears that the cash figures reported in Items 25 and 55 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. Also, figures in Item 25 should include certificates of deposit. Local 316G must file an amended Form LM-3 for fiscal year ending December 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 July 18,2008. 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 Bakery, Tobacco & Grain Local 316G 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.
Frank Mager, President