APR 06 2010
LM File No. 035-312
Association of Westinghouse
820 East Pittsburgh Plaza
East Pittsburgh, PA 15112
Dear Mr. Bozik:
This is in response to your continuing hardship exemption request for the Association of Westinghouse Salaried Employees, LM File Number 035-312, for the fiscal year ending December 31, 2009. A continuing hardship exemption request requires the requesting union to demonstrate that it cannot file Form LM-2 electronically without undue burden or expense.
You based your request upon the following information stated in your letter:
You currently do not have Internet access at your office and have no plans on acquiring access for at least several years. Your operation works well without internet access and you try to limit your expenses as much as possible, to keep the dues you charge to members down. You feel that the costs to acquire internet access and digital signatures would cause undue expense to your organization.
Please note that Form LM-2 must be filed electronically, unless the labor organization can demonstrate that the form cannot be filed electronically without undue burden or expense. In such circumstances, a filer must request a continuing hardship exemption in writing, which shall include, but not be limited to, the following: (1) the justification for the requested time period of the exemption; (2) the burden and expense that the union would incur if it was required to make an electronic submission; and (3) the reasons for not submitting the report(s) electronically. The applicant must specify a time period not to exceed one year.
Your request for a hardship exemption does not provide a requested time period, nor does it present the burden and expense that the union would incur if it was required to make an electronic submission. Further, while you provide a reason for not submitting electronically, you do not say why filing electronically would impose an undue burden on your union.
OLMS therefore denies your continuing hardship exemption request on behalf of Association of Westinghouse Salaried Employees for filing Form LM-2 electronically for the fiscal year ending on December 30, 2009, based on the information provided.
If you have additional information that is pertinent to your request, you may provide it for reconsideration. Any such request may be mailed or faxed to 202-693-1340. If you have any further questions, please call 202-693-0123 and reference your organization’s LM file number.
Andrew R. Davis, Chief
Division of Interpretations
cc: Larry King, Chief, Division of Reports, Disclosure & Audits