U.S. Department of Labor
Office of Labor-Management Standards
St. Louis District Office
1222 Spruce Street, Suite 9.109E
St. Louis, MO 63103
(314) 539-2667 Fax: (314) 539-2626
May 26, 2011
Mr. Matthew Fisher, Secretary Treasurer
Transportation Union
319 Taylor Street
Moberly, MO 65270
Case Number:
LM Number: 017486
Dear Mr. Fisher:
This office has recently completed an audit of Transportation Union under the Compliance Audit
Program (CAP) to determine your organization’s compliance with the provisions of the Labor-
Management Reporting and Disclosure Act of 1959 (LMRDA). As discussed during the exit
interview with you and President Gerald Wohlgemuth on May 31, 2011, the following problems
were disclosed during the CAP. The matters listed below are not an exhaustive list of all
possible problem areas since the audit conducted was limited in scope.
Reporting Violation
The audit disclosed a violation of LMRDA Section 201(b), which requires labor organizations to
file annual financial reports accurately disclosing their financial condition and operations. The
Labor Organization Annual Report LM-3 filed by Local 226 for the fiscal year ended December
31, 2010, was deficient in that the local did not include some reimbursements to officers totaling
at least $3,763.02 in the amounts reported Item 24 (All Officers and Disbursements to Officers).
It appears the union erroneously reported these payments in Item 48.
The union must report most direct disbursements to Local 226 officers and some indirect
disbursements made on behalf of its officers in Item 24. A "direct disbursement" to an officer is
a payment made to an officer in the form of cash, property, goods, services, or other things of
value. See the instructions for Item 24 for a discussion of certain direct disbursements to officers
that do not have to be reported in Item 24. An "indirect disbursement" to an officer is a payment
to another party (including a credit card company) for cash, property, goods, services, or other
things of value received by or on behalf of an officer. However, indirect disbursements for
temporary lodging (such as a union check issued to a hotel) or for transportation by a public
carrier (such as an airline) for an officer traveling on union business should be reported in Item
48 (Office and Administrative Expense).
I am not requiring that Local 226 file an amended LM report for 2010 to correct the deficient
items, but Local 226 has agreed to properly report the deficient items on all future reports it files
with OLMS.
I want to extend my personal appreciation to Transportation Union for the cooperation and
Mr. Matthew Fisher
June 28, 2011
Page 2 of 2
courtesy extended during this compliance audit. I strongly recommend that you make sure this
letter and the compliance assistance materials provided to you are passed on to future officers. If
we can provide any additional assistance, please do not hesitate to call.
Sincerely,
Investigator
cc: President Gerald Wohlgemuth,