Number: 04-09

March 19, 2009

OLMS New 04-09: Notice of an intended rulemaking to revise the Form LM-30 (Labor Organization Officer and Employee Report) 

The Office of Labor-Management Standards will publish in the spring 2009 Semi-Annual Regulatory Agenda notice of an intended rulemaking to revise the Form LM-30 (Labor Organization Officer and Employee Report). The rulemaking is intended to review questions of policy and law surrounding these reporting requirements.  The rulemaking will focus on the changes resulting from a 2007 regulatory revision of the Form and instructions.  This revision dramatically altered the old Form LM-30 and instructions, which had not substantially changed in over 40 years.  Despite the promulgation of the new Form LM-30, fundamental questions regarding the scope and extent of the reporting obligations are unanswered, and litigation challenging some aspects of the form remains pending.  Yet, by March 31, 2009, reports for calendar year 2008 must be filed.  In light of this uncertainty, the pending regulatory action, the pending litigation and the rapidly approaching filing deadline, OLMS has determined that it would not be a good use of resources to bring enforcement actions based upon a failure to use a specific form to comply with the statutory obligation to report certain financial information.  Accordingly, OLMS will refrain from initiating enforcement actions against union officers and union employees based solely on the failure to file the report required by section 202 of the Labor-Management and Reporting Disclosure Act (LMRDA), 29 U.S.C. § 432, using the 2007 form, as long as individuals meet their statutorily-required filing obligation in some manner.  OLMS will accept either the old Form LM-30 or the new one for purposes of this non-enforcement policy.  Both the old form and the new are available at www.olms.dol.gov.

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Last Updated: 03/23/09