U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Cincinnati District Office
36 East Seventh Street
Cincinnati, OH 45202
(513) 684-6840 Fax:(513) 684-6845
June 4, 2009
Mr. Michael Land, Secretary-Treasurer
Teamsters Local 661
2100 Oak Road, Suite 201
Cincinnati, OH 45241
LM File Number: 027-451
Case Number: ||||||||||
Dear Mr. Land:
This office has recently completed an audit of Teamsters Local 661 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 Investigator |||| |||| discussed during the exit interview with you on May 15, 2009, 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-2) filed by Local 661 for fiscal year ending December 31, 2008, was deficient in the following areas:
1. Reporting Errors in Items 46, 47, and 64
Local 661 improperly reported $5,458 in Item 46 (On Behalf of Affiliates for Transmittal to Them). This amount was made up of transfer fees collected from members who transferred to Teamsters Local 100 and monthly contributions to the Ohio Conference of Teamsters Strike Fund. While the transfer fees were correctly reported in Item 46, the portion made up of strike fund contributions should have been reported in Item 38 (Fees, Fines, Assessments, Work Permits).
Local 661 also misreported the disbursement of transfer fees and strike fund contributions in Item 64 (On Behalf of Individual Members). The transfer fees should have been reported in Item 63 (To Affiliates of Funds Collected on Their Behalf). The strike fund disbursements should have been reported in Item 55 (Benefits) as well as Schedule 20 (Benefits). The disbursements for transfer fees and strike fund contributions should have totaled $5,458, instead of the $4,176 shown in Item 64.
2. Failure to File Bylaws
The audit disclosed a violation of LMRDA Section 201(a), which requires that a union submit a copy of its revised constitution and bylaws with its LM report when it makes changes to its constitution or bylaws. Local 661 amended its constitution and bylaws in 2008 but did not file a copy with its LM report for that year.
Local 661 has now submitted a copy of its current constitution and bylaws with OLMS.
Local 661 must file an amended Form LM-2 for fiscal year ending December 31, 2008, to correct the deficient items discussed in Item 1 above. The amended Form LM-2 should be submitted electronically to the U.S. Department of Labor with a copy sent to this office at the above address as soon as possible. Before filing, review the report thoroughly to be sure it is complete, accurate, and signed properly with electronic signatures.
I want to extend my personal appreciation to Teamsters Local 661 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.
Lesta A. Chandler
cc: Mr. Michael Hall, President