Office of Labor-Management Standards (OLMS)
U.S. Department of Labor
Office of Labor-Management Standards
Dallas District Office
A. Maceo Smith Fed. Bldg.
525 Griffin Street, Suite 300
Dallas, TX 75202
(972) 850-2500 Fax: (972) 850-2501
February 20, 2013
Mr. Brian F. Manley, Business Manager
IBEW Local 1151
200 N. John Avenue
Tyler, TX 75702-6311
Case Number: 420-14077
LM Number: 010433
Dear Mr. Manley:
This office has recently completed an audit of IBEW Local 1151 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 James Rusty Green on February 12, 2013, 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 1151 for the fiscal year ended December 31, 2011, was deficient in the following area:
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 1151 amended its constitution and bylaws in 1996, but did not file a copy with its LM report for that year.
Local 1151 has now filed a copy of its constitution and bylaws.
As I discussed during the exit interview with you and President James Rusty Green, the
audit revealed that Local 1151 does not have a subsidiary organization as defined in section
X of the LM-3 instructions. Local 1151 marked an X on line item 10 of its LM report
because of its building fund account. Therefore, Local 1151 is not required to mark X on
line item 10 of its future LM reports.
I want to extend my personal appreciation to IBEW Local 1151 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: Mr. James R. Green, President