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Office of Labor-Management Standards (OLMS)

OLMS News

Number: 06-05

June 9, 2005

Revised Form LM-2 and New Form T-1 Court Decision

On May 31, 2005, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Final Rule, promulgated under the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. -- 431-441, that revised the reporting form used by the largest labor organizations - the Form LM-2. AFL-CIO v. Secretary of Labor, No. 04-5057 (D.C. Cir. May 31, 2005).

The Court, however, rejected the Department's promulgation of the Form T-1, which required unions to report on certain trusts in which they had an interest, and vacated the provisions of the Final Rule relating to the Form T-1. Under the Court's rules, the Department has 45 days from the date of the decision, until July 15, in which to seek rehearing or rehearing en banc of the Court's decision, or if rehearing is not sought, 90 days from the date of the decision, until August 30, in which to file a petition for certiorari with the Supreme Court.

View the complete opinion from the U.S. Court of Appeals for the District of Columbia Circuit. (PDF)

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Last Updated: 06/09/05