Office of Labor-Management Standards (OLMS)
U.S. Department of Labor
Employment Standards Administration
Office of Labor Standards
St. Louis District Office
1222 Spruce Street
St Loins, MO 63103
(314)539-2667 Fax: (314)539-2626
July 11, 2006
Mr. Dan Meadows, Business Manager
Laborers Local 44
1300 Lebanon Road
Collinsville, IL 62234
Re: Case Number
Dear Mr. Meadows:
This office has recently completed an audit of Laborers Local 44 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 June 19, 2006, 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.
Title II of the LMRDA establishes certain reporting and recordkeeping requirements. Section 206 requires, among other things, that adequate records be maintained for at least 5 years by which each receipt and disbursement of funds, as well as all account balances, can be verified, explained, and clarified. As a general rule, all records used or received in the course of union business must be retained.
The audit of Local 44's 2005 records revealed that Local 44 is in violation of Section 206 by failing to maintain adequate records regarding vacation and sick pay for the business manager position. The local failed to maintain the necessary documentation when sick and vacation days were used. The local agreed to establish a record showing when these days are used and maintain a clear outline of the vacation and sick policy.
As agreed, provided that Local 44 maintains adequate documentation as discussed above in the future, no additional enforcement action will be taken regarding this violation.
The CAP 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 44 for fiscal year ending June 30, 2005, was deficient in that all the gas allowances were not reported by your name in item 24.
An amended LM report for 2005 is not being requested to correct the deficient item, but as agreed, Local 44 will properly report the expenses in the future.
I want to extend my personal appreciation to Laborers Local 44 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.