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Office of Labor-Management Standards (OLMS)

U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
New York District Office
201 Varick Street
Room 878
New York, NY 10014
(646)264-3190 Fax: (646)264-3191

February 16, 2010

Mr. Thomas Fischbach, Business Manager
Sheet Metal Workers Local 22
106 South Avenue West
Cranford, New Jersey 07016

LM File Number: 515201
Case Number: ||||||||||

Mr. Fischbach:

This office has recently completed an audit of 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 on February 9, 2010, 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 CAP disclosed a violation of LMRDA Section 201(b), because the Labor Organization Annual Report (Form LM-2) filed by Local 22 for fiscal year ended December 31, 2008 was deficient in the following areas:

Schedule 9 – LOANS PAYABLE reports no loans outstanding at the beginning of year 2008. Internal documents show a vehicle purchased in 2007 with a loan payable to Chrysler Financial at the beginning, and end, of 2008. Schedule 9 reports only one of the two loans obtained from GMAC for the purchase of vehicles in 2008, and reports the balance at the end of that year. Repayments for only one of the three vehicles is reported on that schedule. Although all three vehicles were purchased in the name of Local 22, repayments were erroneously reported in Schedule 11, column (G) after the names of officers.

It will be necessary for Local 22 to file an amended LM-2 report for year ended December 31, 2008 to correct the deficient items discussed above. You may use the new electronic forms software available from OLMS to complete the amended reports. One copy of each amended report should be submitted to this office at the above address as soon as possible, but no later than March 19, 2010. Before mailing, review the reports thoroughly to be sure they are complete, accurate, and signed properly.

I want to extend my personal appreciation to 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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Senior Investigator
cc: Patrick Trombetta, CPA