April 14, 2009

LM File No. 543-601


Ronnie Malcolm, President
Construction Laborers’ Local 499
3080 Platt Road
Ann Arbor, MI 48108

Dear Mr. Malcolm:

This is in response to your continuing hardship exemption request for Construction Laborers’ Local 499, LM File Number 543-601, for the fiscal year ending December 31, 2008.  Your request dated April 8, 2009 was received by the Office of Labor-Management Standards (OLMS) on April 9, 2009.  A continuing hardship exemption request requires the requesting union to demonstrate that it cannot file Form LM-2 electronically without undue burden or expense.

You based your request upon the following information stated in your letter:

As you were preparing to electronically file your Form LM-2, you discovered that one of the digital signatures had expired, and you are now in the process of obtaining a new one.  You immediately filed a hardcopy Form LM-2 under a temporary hardship exemption, however the copy was returned to you with a letter from this agency stating it had been rejected.  It is your intention to electronically file your Form LM-2 as soon as you receive the new digital signature.

OLMS grants your continuing hardship exemption request for filing Form LM-2 electronically for the fiscal year ending December 31, 2008, based on the information provided, until May 11, 2009.  Additionally, OLMS returned the hardcopy report to you in error, for which the agency apologizes.  Please mail the hardcopy report back to the OLMS Division of Reports, Disclosure and Audits as soon as possible.

If you have any further questions about filing Form LM-2 pursuant to the hardship exemption, please call 202-693-0123 and reference your organization’s LM file number.



Andrew R. Davis, Chief
Division of Interpretations
  and Standards

cc: Larry King, Chief, Division of Reports, Disclosure & Audits


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