Office of Labor-Management Standards (OLMS)
U.S. Department of Labor Employment Standards Administration
Office of Labor-Management Standards
Kansas City Resident Investigative Office
Two Pershing Square Building
2300 Main Street
Kansas City, MO 64108
(816)502-0290 Fax: (816)502-0288
July 29, 2008
Mr. Greg Logan, Business Manager
Electrical Workers IBEW
421 South 8th Street
St. Joseph, MO 64501-2213
LM File Number 007-048
Case Number: -
Dear Mr. Logan:
This office has recently completed an audit of IBEW Local 545 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 Office Manager Judy Martin and you on July 25,2008, 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.
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 Form LM-2 filed by Local 545 for fiscal year ending December 31, 2007 was deficient in the following areas:
1. Disbursements to Officers and Employees
Local 545 did not report the names of some officers and the total amounts of payments to them or on their behalf in Schedule 11 (All Officers and Disbursements to Officers). The union must report in Schedule 11 all persons who held office during the year, regardless of whether they received any payments from the union. Local 545 did not include payments to officers totaling at least $5,538.25 in Schedule 11 (All Officers and Disbursements to Officers). It appears that the local erroneously reported these payments in Schedules 15 through 19.
The union must report in Column F of Schedules 11 and 12 (Disbursements for Official Business) direct disbursements to officers and employees for reimbursement of expenses they incurred while conducting union business. In addition, the union must report in Column F of Schedules 11 and 12 indirect disbursements made to another party (such as a credit card company) for business expenses union personnel incur. However, the union must report in Schedules 15 through 19 indirect disbursements for business expenses union personnel incur for transportation by public carrier (such as an airline) and for temporary lodging expenses while traveling on union business. The union must report in Column G (Other Disbursements) of Schedules 11 and 12 any direct or indirect disbursements to union personnel for expenses not necessary for conducting union business.
2. Automobile Expenses
Local 545 did not include in the amounts reported in Schedule 11 (All Officers and Disbursements to Officers) disbursements for the operation and maintenance of union automobiles totaling at least $1,345.08.
The LM-2 instructions provide two methods for reporting automobile-related expenses. The union must report in Schedules 11 and 12 direct and indirect disbursements for the operation and maintenance of union owned and leased vehicles and the operation and maintenance of vehicles owned by union personnel (including gasoline, repairs, and insurance). The union may divide the expenses and report them in Columns F and G based on miles driven for union business (supported by mileage logs) compared with miles driven for personal use.
Alternatively, rather than allocating the expenses between Columns F and G, if
50 percent or more of an officer's or an employee's use of a vehicle was for official
business, the union may report all of the expenses relative to the vehicle assigned
to the officer or employee in Column F of Schedule 11 or 12 with an explanation in
Item 69 (Additional Information) that the officer or employee used the vehicle part
of the time for personal business. Similarly, if a vehicle assigned to an officer or employee was used less than 50 percent of the time for business, all of the expenses
relative to that vehicle may be reported in Column G with an explanation in Item
69 that the officer or employee used the vehicle partly for official business.
3. Failure to File Bylaws
The audit disclosed a violation of LMRDA Section 201(a), which requires that a union submit a copy of its revised constitution and bylaws with its LM report when it makes changes to its constitution or bylaws. Local 545 amended its constitution and bylaws in 2005, but did not file a copy with its LM report for that year.
Local 545 has now filed a copy of its constitution and bylaws.
I am not requiring that Local 545 file an amended LM report for 2007 to correct the deficient items, but Local 545 has agreed to properly report the deficient items on all future reports it files with OLMS.
I want to extend my personal appreciation to IBEW Local 545 or 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: Dennis Fuston, President