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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 Representative Address]

Dear [Employer Representative]:

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 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

A Form LM-20, Agreement and Activities Report, must be filed by any person who enters into a persuader or information-supplying agreement with an employer.  The report must be filed within thirty (30) days after entering into the agreement or arrangement.  Additionally, every person 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.  The Form LM-21 is due within ninety (90) days after the close of the consultant’s fiscal year.  Employers must file a Form LM-10, Employer Report, detailing a reportable persuader or information-supplying agreement or arrangement with a consultant within 90 days after the close of the employer’s fiscal year.  The LMRDA provides for both civil and criminal enforcement for violations of the reporting requirements.  
 
Information obtained by OLMS from the National Labor Relations Board (NLRB) indicates that you have identified yourself as the representative of [Employer], an employer who is a party to a petition for a representation election to be conducted by the NLRB (Case Number). As such, you may have Form LM-20 and Form LM-21 reporting obligations if you have engaged or will engage in persuader or information-supplying activities pursuant to your agreement or arrangement with the employer.  OLMS has sent a similar letter informing the employer of its potential Form LM-10 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 obligations 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