Number: 06-10

August 9, 2010

OLMS News 06-10: Notice of proposed rulemaking: Labor Organization Officer and Employee Report (LM-30) 

The Department of Labor’s Office of Labor-Management Standards (OLMS) will publish tomorrow, August 10, 2010, a notice of proposed rulemaking (NPRM) to revise the Form LM-30 Labor Organization Officer and Employee Report. See http://edocket.access.gpo.gov/2010/pdf/2010-19250.pdf.

The Form LM-30 implements section 202 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 U.S.C. 432, the purpose of which is to require officers and employees of labor organizations to publicly disclose possible conflicts between their personal financial interests and their duty to the labor union and its members. For more information on the Form LM-30, please visit the OLMS website.

The proposed rule would revise the Form LM-30 based on an examination of revisions made in the Form LM-30 Final Rule published on July 2, 2007. The 2007 rule has generated numerous fundamental questions regarding the complexity of the form and its instructions, as well as the scope and extent of the reporting required.

The Form LM-30 revisions proposed by OLMS would continue to provide conflict of interest reporting as required by the LMRDA, while simplifying the form, narrowing the scope of reporting, and providing balance between the requirements for disclosure and the associated reporting burdens. Generally speaking, proposals for consideration include: Whether union shop stewards (i.e., those who are not union officers or employees) should be required to file reports; whether union officials who are permitted by their employer to conduct union business “on the clock” must report the wage payments; whether union officials must report loans, including home mortgages, simply because their financial institution also does business with their union; whether union officials must report payments from labor unions and affiliated organizations; and whether high level union officials must report payments from employers that employ members of lower level unions, or businesses that sell to lower level unions. 

Comments must be received on or before October 12, 2010.

For additional information on the NPRM, including methods to submit comments, please visit the OLMS Web site at:  http://www.dol.gov/olms/regs/compliance/LM30_NPRM2010.htm.

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Last Updated: 08-10-10