U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
San Francisco District Office
90 7th Street
San Francisco, CA 94103
(415) 625-2661 Fax:(415) 625-2662
May 28, 2009
Ms. Fran Gomes, Secretary-Treasurer
CWA Local 9412
29868 Mission Blvd.
Hayward, CA 94544
LM File Number: 019-449
Case Number: ||||||||||
Dear Ms. Gomes:
This office has recently completed an audit of CWA Local 9412 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 Cookie Cameron on May 21, 2009, 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 9412 for fiscal year ending September 30, 2008, was deficient in that the beginning cash balance figure did not reconcile with the ending cash balance figure.
Local 9412 corrected this deficiency and filed an amended report during the audit. As a result, OLMS will take no further enforcement action regarding this issue.
The audit revealed a violation of LMRDA Section 502 (Bonding), which requires that union officers and employees be bonded for no less than 10 percent of the total funds those individuals or their predecessors handled during the preceding fiscal year.
The audit revealed that Local 9412’s officers and employees were not bonded for the minimum amount required at the time of the audit. However, the union obtained adequate bonding coverage and provided evidence of this to OLMS during the audit. As a result, OLMS will take no further enforcement action regarding this issue.
I want to extend my personal appreciation to CWA Local 9412 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: President Cookie Cameron