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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 2-825
San Francisco, CA 94103
(415) 625-2661 Fax: (415) 625-2662






June 10, 2013


Dario Sifuentes, Secretary Treasurer
Roofers AFL-CIO, Local 27
5537 East Lamona Avenue
Fresno, CA 93727-2226
Case Number: 530-10523(
LM Number: 047124


Dear Mr. Sifuentes:

This office has recently completed an audit of Roofers Local 27 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 on May 31, 2013, 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.

Recordkeeping Violations

Title II of the LMRDA establishes certain reporting and recordkeeping requirements. Section 206 of the LMRDA and Title 29 of the Code of Federal Regulations (C.F.R.) Section 403.7 require, among other things, that labor organizations maintain adequate records for at least five years after reports are filed by which the information on the reports can be verified, explained and clarified. Pursuant to 29 C.F.R. Section 458.3, this recordkeeping provision of the LMRDA applies to labor organizations subject to the requirements of the Civil Service Reform Act of 1978 (CSRA) as well. Therefore, as a general rule, labor organization must retain all records used or received in the course of union business.

For disbursements, this includes not only original bills, invoices, receipts, vouchers, and applicable resolutions, but also documentation showing the nature of the union business requiring the disbursement, the goods or services received, and the identity of the recipient(s) of the goods or services. In most instances, this documentation requirement can be satisfied with a sufficiently descriptive expense receipt or invoice. If an expense receipt is not sufficiently descriptive, a union officer or employee should write a note on it providing the additional information. For money it receives, the labor organization must keep at least one record showing the date, amount, purpose, and source of that money. The labor organization must also retain bank records for all accounts.

The audit of Roofers Local 27 2012 records revealed the following recordkeeping violations:


1. General Reimbursed Expense


Local 27 did not retain adequate documentation for credit card expenses incurred by Secretary Treasurer Rick Wildebaur totaling at least $943.54.

As noted above, labor organizations must retain original receipts, bills, and vouchers for all disbursements. The president and treasurer (or corresponding principal officers) of your union, who are required to sign your union’s LM report, are responsible for properly maintaining union records.

2. Information not Recorded in Meeting Minutes


Local 27 failed to maintain executive board and general membership meeting minutes read at membership meetings to authorize expenses or expenditures.

Minutes of all membership or executive board meetings must report any disbursement authorizations made at those meetings.

3. Failure to File Constitution and 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 27 amended its constitution and bylaws in 2008, but did not file a copy with its LM report for that year.

The local has now filed its constitution and bylaws.

Based on your assurance that Local 27 will retain adequate documentation in the future, OLMS will take no further enforcement action at this time regarding the above violations.

I want to extend my personal appreciation to Roofers Local 27 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