U.S. Department of Labor
Office of Labor-Management Standards
Philadelphia District Office
The Curtis Center, Suite 760 W
170 S. Independence Mall West
Philadelphia, PA 19106
(215) 861-4818 Fax: (215) 861-4819
September 30, 2013
Ms. Stacey Franklin, Treasurer
Postal Workers, American, AFL-CIO
Local Union 89
864 Main Street
Darby, PA 19023-2109
Case Number: 140-11122
LM Number: 092-026
Dear Ms. Franklin:
This office has recently completed an audit of American Postal Workers Union, AFL-CIO, Local 89 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 on March 4, 2013, the following problem was disclosed during the CAP. The matter listed below is not an exhaustive list of all possible problem areas since the audit conducted was limited in scope.
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:
Federal law and regulations require your union to file its annual financial report, Form LM-2, with the Office of Labor-Management Standards (OLMS) within 90 days after the end of your union’s fiscal year. The president and treasurer or corresponding principal officers of your union are responsible for filing the report. Failure to file this report violates the reporting requirements of the law and can result in criminal or civil penalties against those individuals. Form LM-2 must be filed electronically using the Electronic Forms System (EFS) available at the OLMS website at www.olms.dol.gov.
According to our records, your union’s fiscal year ended on December 31, 2012. Therefore, your union’s annual financial report should have been filed by March 31, 2013. As of this date, our records show that your report has not been filed and is delinquent. As discussed, your union must file this delinquent report along with an amended Form LM-2 for the period July 1, 2011 through December 31, 2011. The amended report must be filed to correct a change made to the local’s fiscal year.
As agreed, the delinquent Form LM-2 for the fiscal year ending December 31, 2012 and the amended Form LM-2 for the period July 1, 2011 through December 31, 2011 must be filed as soon as possible but no later than October 11, 2013.
I want to extend my personal appreciation to American Postal Workers Union, AFL-CIO, Local 89 for the cooperation and 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.
cc: Ms. Gwendolyn Ivey, President
Mr. Bruce Gold, CPA