Number: 08-09

July 10, 2009

Form LM-30 and Form T-1 Meeting

The Office of Labor-Management Standards (OLMS) will hold a July 21, 2009 meeting intended to solicit comments concerning two regulatory actions it is considering. 

As noted in the spring 2009 Semi-Annual Regulatory Agenda, the Department is considering a rulemaking proposing to revise the Form LM-30 (Labor Organization Officer and Employee Report), a reporting and disclosure form promulgated by the Department pursuant to the Labor-Management Reporting and Disclosure Act (LMRDA).  The rulemaking is intended to review questions of policy and law surrounding the LMRDA union officer and employee reporting requirements and will focus on reporting changes resulting from the 2007 regulatory revision of the Form LM-30 and instructions. 

This 2007 revision significantly revised the previous Form LM-30 and instructions, which had not substantially changed in over 40 years.  Filers have raised significant issues regarding the scope and extent of the new Form LM-30 reporting requirements and format.  Issues raised include the following:

  • the layout of the form and instructions;
  • the de minimis threshold, which exempts reporting under a minimal dollar amount, including its application in connection with participation in "widely attended gatherings;"
  • the definition of “labor organization employee,” as it relates to union stewards;
  • the “bona fide employee exception,” as it relates to union leave/no docking payments;
  • the reporting of payments and interests to a union officer from an employer or a business whose relationship is with unions affiliated with the union in which an individual is an officer or employee;
  • the reporting of loans from financial institutions; and
  • the scope of Form LM-30 reporting under section 202(a)(6) of the LMRDA, 29 U.S.C. § 432(a)(6), particularly concerning the classification of trusts and labor organizations as employers.

Additionally, as noted in the spring 2009 Semi-Annual Regulatory Agenda, the Department is considering a rulemaking proposing to rescind the Form T-1, Trust Annual Report, which certain labor organizations must file to disclose financial information regarding trusts in which they are interested pursuant to the LMRDA.  The Department also is considering a proposal to re-establish the requirement that filers of Form LM-2, Labor Organization Annual Report, report on their wholly owned, wholly controlled and wholly financed (“subsidiary”) organizations on their Form LM-2, as was required prior to the 2003 revision of Form LM-2 and issuance of Form T-1.  A revision to “subsidiary” organization reporting instructions on the Form LM-3, Labor Organization Annual Report, also is under consideration.  Finally, the rulemaking would propose to change an interpretation of the LMRDA regarding intermediate bodies.  The proposed revised interpretation would state that intermediate bodies are covered only if they are themselves composed, in whole or part, of private sector affiliates. 

The July 21 meeting will enable interested parties to address the above issues and proposals, as well as to comment on any aspect of the Form LM-30 or Form T-1 reporting requirements.  For more information, you may contact OLMS at olms-public@dol.gov.     

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Last Updated: 07/10/09