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Office of Labor-Management Standards
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U.S. Department of Labor
Office of Labor-Management Standards
Washington, DC 20210

[Date]

[Employer Address]

Dear [Employer]:

This letter is to inform you of reporting obligations that you may have pursuant to section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. 433.  LMRDA Section 203 requires employers and labor relations consultants to file reports with the Department of Labor concerning agreements or arrangements to persuade employees concerning their rights to organize and bargain collectively or to supply the employer with certain information concerning the activities of employees or a labor organization in connection with a labor dispute involving the employer.  These reporting requirements are subject to certain exceptions, which provide, in part, that no report is required covering the services of a consultant or other person by reason of his giving or agreeing to give advice to such employer, or supplying the employer information solely for administrative, arbitral, or court proceedings.  These reports are filed on forms provided by the Department of Labor’s Office of Labor-Management Standards (OLMS), the agency charged with enforcing the LMRDA.  The reports are made available to the public on the OLMS website at www.dol.gov/olms

An employer must file a Form LM-10, Employer Report, detailing a persuader or information-supplying agreement or arrangement with a consultant, including payments made to a consultant pursuant to a reportable agreement or arrangement.  The Form LM-10 report must be filed within 90 days after the close of the employer’s fiscal year.  A Form LM-20, Agreement and Activities Report, must be filed by a consultant who enters into a persuader or information-supplying agreement with the employer within thirty (30) days after entering into the agreement or arrangement.  Additionally, every consultant required to file a Form LM-20 must file a Form LM-21, Receipts and Disbursement Report, for any fiscal year during which payments were made or received pursuant to a reportable agreement or arrangement with the employer.  The Form LM-21 report is due within ninety (90) days after the close of the consultant’s fiscal year.  The LMRDA provides for both civil and criminal enforcement for violations of the reporting requirements.  

Section 203 of the LMRDA requires an employer to report concerning other matters as well.  An employer also is required to disclose on the Form LM-10 payments to any union or its officials (with limited exceptions); payments to any of its own employees to cause them to persuade other employees as to their organizing and bargaining rights, unless such payments were contemporaneously or previously disclosed to the other employees; and payments for the purpose of interfering with, restraining or coercing employees in the exercise of their organizing and bargaining rights, or obtaining information concerning employee or union activities in connection with a labor dispute involving its company.  Additional exceptions may apply to these matters, as well.

Information obtained by OLMS indicates that you/your company is a party to a petition for a representation election to be conducted by the National Labor Relations Board (NLRB) (Case Number).  As such, you may have Form LM-10 reporting obligations if you have entered into a reportable agreement or arrangement with a consultant, or have otherwise engaged in any reportable payments or expenditures.  If OLMS has information identifying your representative in the NLRB representation election, a similar letter will be sent to that representative describing potential reporting obligations.  

Information on the reporting requirements and their exceptions, blank reporting forms and instructions, and access to reports on file may be obtained from the OLMS website at: www.dol.gov/olms/regs/compliance/ecr.htm.  Additionally, a fact sheet concerning employer and consultant reporting is enclosed.  Completed reports should be submitted to:

U. S. Department of Labor
Office of Labor-Management Standards
200 Constitution Avenue, NW, Room N-5616
Washington, DC 20210

If you require additional information or if you have any questions about potential reporting requirements under the LMRDA, you may contact OLMS at (202) 693-0123 or OLMS-Public@dol.gov.

Sincerely,

 

Michael J. Hayes
Director

Enclosure

 

Last Updated: 9-9-13