U.S. Department of Labor
Office of Labor-Management Standards
Dallas Office
A. Maceo Smith Fed. Bldg.
525 Griffin Street, Suite 300
Dallas, TX 75202
(972) 850-2500 Fax: (972) 850-2501
March 4, 2016
Mr. Troy Hirt, President
USWA LU 12-4895
1524 West Cameron Ave
Rockdale, TX 76567
Case Number: 420-6006377
LM Number: 019144
Dear Mr. Hirt:
This office has recently completed an audit of USWA LU 12-4895 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 Vice President Troy Eichler, Recording Secretary David Edmonds, Treasurer Anthony Harris, and Financial Secretary Kenneth McClain on February 24, 2016, 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.
Reporting Violation
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 LM-3 filed by Local 12-4895 for the fiscal year ended December 31, 2014 was deficient in the following area:
Disbursements to Officers
Local 12-4895 did not include some reimbursements to Troy Hirt and Troy Eichler totaling at least $2,388.41 on column E of Item 24 (All Officers and Disbursements to Officers). It appears the union erroneously reported these payments on column D on Item 24 and Item 48.
Local 12-4895 must file an amended Form LM-3 for the fiscal year ended December 31, 2014, to correct the deficient item discussed above. I encourage Local 12-4895 to complete, sign, and file its report electronically using the Electronic Forms System (EFS) available at the OLMS website at www.olms.dol.gov. Reporting forms and instructions can be downloaded from the website, if you prefer not to file electronically. The amended Form LM-3 should be filed electronically no later than March 15, 2016 or submitted to this office at the above address by the same date. Before filing, review the report thoroughly to be sure it is complete and accurate. Paper reports must be signed with original signatures.
I want to extend my personal appreciation to USWA LU 12-4895 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.
Sincerely,
Investigator
cc: Mr. Kenneth McClain, Financial Secretary
Mr. Anthony Harris, Treasurer
Mr. Troy Eichler, Vice President
Mr. David Edmonds, Recording Secretary