Office of Labor-Management Standards (OLMS)
This compliance tip provides information about the requirement imposed on labor unions by the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) and the Civil Service Reform Act of 1978 (CSRA) standards of conduct regulations to file the Form LM-1 Labor Organization Information Report with the U.S. Department of Labor, Office of Labor-Management Standards (OLMS). The LMRDA applies to unions that represent private sector and U.S. Postal Service employees. The CSRA standards of conduct regulations apply to unions that represent employees in most agencies of the executive branch of the federal government. The CSRA standards of conduct incorporate many LMRDA provisions, including those related to labor organization reporting requirements.
Information Required to Be Reported by Each Covered Union
The LMRDA and CSRA regulations require each covered union to adopt a constitution and bylaws and file two copies with OLMS. The constitution and bylaws must be filed along with a Form LM-1 providing certain information about the structure, practices, and procedures of the union. If the union is governed by a uniform constitution and bylaws prescribed by the union’s parent national or international union, the parent body may file a constitution and bylaws in the union’s behalf.
The initial Form LM-1 is due within 90 days after the union is established and first becomes subject to the LMRDA or CSRA. Form LM-1 requires each covered union to provide information such as
- identification of the union
- identification of the officers
- rates of dues and fees
- fiscal year ending date
Additionally, labor organizations covered by the LMRDA must indicate on Form LM-1 where in the union’s constitution and bylaws certain practices and procedures are described, or, if not in the constitution and bylaws, provide a detailed statement of the practices and procedures. Among the practices and procedures to be reported are
- authorizing disbursement of funds
- selecting officers and other union representatives
- protesting a defect in the election of officers
- disciplining and removing officers
- fining, expelling, and suspending members
- ratifying contract terms
- authorizing strikes
Filing an Amended Constitution and Bylaws and/or Amended Form LM-1
If the union changes its constitution and bylaws (other than changes only to rates of dues and fees), it must file the amended constitution and bylaws along with its annual report, filed on Form LM-2, LM-3, or LM-4, within 90 days after the end of the fiscal year in which the constitution and bylaws was amended. If the parent union’s constitution requires that it review and approve its affiliate’s amended constitution and bylaws before that document becomes effective, then the amended constitution and bylaws must be filed within 90 days of the end of the year in which the parent body approved the amended document.
For example, suppose a union amends its constitution and bylaws to require quarterly audits. After its parent body approves the amended document (if the parent union’s constitution requires this), the union would have to attach the amended constitution and bylaws to the Form LM-2, LM-3, or LM-4 it files within 90 days of the end of that fiscal year.
Each reporting union, except a federal employee union subject solely to the CSRA, is required to file an amended Form LM-1 to update the information on file with OLMS if there have been any changes in the reported practices and procedures that are not contained in the union’s constitution and bylaws. The amended Form LM-1 is due within 90 days after the end of the union’s fiscal year during which the changes were made that required the amended report.
For example, suppose a union’s membership meeting approved a motion requiring a quarterly audit, but this requirement was not included in the union’s constitution and bylaws. In this instance, the union must file an amended Form LM-1, disclosing this change in policy or procedure. In Item 3 of the Form LM-1, the union would indicate that this was an amended report. The union would check Item 18e to identify that the policy regarding auditing financial transactions of the labor organization had been changed, and briefly describe the changed policy in Section 19 (Other Information). The amended Form LM-1 would be due within 90 days after the end of the union’s fiscal year in which the motion was approved.
Form LM-1 must be signed by the president and secretary, or the corresponding principal officers of the reporting union.
How to File
The Form LM-1 and instructions are available from the OLMS website at www.dol.gov/olms. The downloaded Form LM-1 report may be completed electronically or manually. The completed report must be mailed to
U.S. Department of Labor, OLMS
200 Constitution Avenue, NW
Washington, DC 20210
For constitution and bylaws changes made after the initial Form LM-1 is filed, a union that files a Form LM-2 must file its amended constitution and bylaws as an electronic attachment to the electronically-filed Form LM-2 for the fiscal year in which the amended constitution and bylaws became effective. Similarly, a union that files Form LM-3 or LM-4 electronically may submit its amended constitution and bylaws as an electronic attachment to the report or, if filing in paper format, as a paper attachment to the Form LM-3 or LM-4 report for the fiscal year in which the amended constitution and bylaws became effective.
For more details on filing the Form LM-1, refer to the Form LM-1 instructions under the Forms and Instructions link on the OLMS website. You may also contact the nearest OLMS field office.
Last Updated: 07/13/11