Office of Labor-Management Standards (OLMS)
U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Kansas City Resident Investigator Office
Two Pershing Square
2300 Main Street, Suite 1000
Kansas City, MO 64108-2416
(816) 502-0290 Fax: (816) 502-0288
September 3, 2008
Mr. Steve Daniels, Business Manager
Joplin, MO 64804
LM File Number 002-583
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Dear Mr. Daniels:
This office has recently completed an audit of Laborers Local 319 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 August 28, 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-3 filed by Local 319 for fiscal year ending December 31, 2007, was deficient in the following area:
Per Capita Tax
The local inadvertently reported payments to a market recovery fund under Item 47 (Per Capita Tax). The LM-3 instructions state that Item 47 is to contain the organization's total amount of per capita tax paid as a condition or requirement of affiliation with your parent national or international union, state and local central bodies, a conference, joint or system board, joint council, federation, or other labor organization. Payments to market recovery funds should be reported in Item 54 (Other Disbursements).
I am not requiring that Local 319 file an amended LM report for 2007 to correct the deficient items, but Local 319 has agreed to properly report the deficient items on all future reports it files with OLMS.
I want to extend my personal appreciation to Laborers Local 319 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.
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cc: George Mustard, President