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Office of Labor-Management Standards
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Office of Labor-Management Standards (OLMS)

U.S. Department of Labor

Office of Labor-Management Standards
San Francisco District Office
90 7th Street, Suite 2825
San Francisco, CA 94103
(415) 625-2661 Fax: (415) 625-2662






March 29, 2012


Mr. Richard Harper, President
SEIU Local 265
1212 - H El Camino Real #482
San Bruno, CA 94066
Case Number:
LM Number: 033181


Dear Mr. Harper:

This office has recently completed an audit of SEIU Local 265 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 Treasurer Gabriel Hernandez on March 29, 2012, the following problem was disclosed during the CAP. The matter listed below is not an exhaustive list of all possible problem areas since the audit conducted was limited in scope.

Reporting Violation

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 265 for the fiscal year ended December 31, 2010, was deficient in the following area:

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 265 amended its constitution and bylaws in 2001, but did not file a copy with its LM report for that year or subsequent years.

As agreed, Local 265 will file a copy of its current constitution and bylaws with OLMS as part of their LM-3 report as soon as possible but not later than March 30, 2012.

I want to extend my personal appreciation to SEIU Local 265 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.





Sincerely,




Investigator