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Office of Labor-Management Standards (OLMS)

Form LM-2 and Form LM-3 Rulemaking Background

On January 21, 2009, the Department of Labor’s Office of Labor-Management Standards (OLMS) published in the Federal Register (74 FR 3677) a final rule making revisions to Form LM-2 and establishing a procedure whereby the Department may revoke, when warranted, the authorization to file the simplified report Form LM-3. See http://edocket.access.gpo.gov/2009/pdf/E9-503.pdf. The effective date of the rule was scheduled to be February 20, 2009.

On February 3, 2009, OLMS published in the Federal Register a notice seeking comment on a proposed extension of the effective date and requesting comment on legal and policy questions relating to the final rule, including on the merits of rescinding or retaining the rule. The notice can be viewed here: http://edocket.access.gpo.gov/2009/pdf/E9-2223.pdf.

On February 20, 2009, OLMS published in the Federal Register a final rule that delayed the effective date of the new regulations published on January 21, 2009. This final rule postponed the effective date of the regulations from February 20, 2009, until April 21, 2009, to allow additional time for the agency and the public to review questions of law and policy concerning the regulations and, meanwhile, to permit unions to delay costly development and implementation of any necessary new accounting and recordkeeping systems and procedures pending this further consideration. The final rule can be viewed here: http://edocket.access.gpo.gov/2009/pdf/E9-3721.pdf.

On March 19, 2009, OLMS published in the Federal Register a notice seeking public comment on a proposal to delay for 180 days the April 21, 2009, effective date of the final rule published in the Federal Register (74 FR 3677) on January 21, 2009. The March 19, 2009, notice proposed to further delay the effective date until October 19, 2009. Additionally, this notice proposed to delay the applicability date of the rule, originally set for July 1, 2009, until January 1, 2010. The notice can be viewed here: http://edocket.access.gpo.gov/2009/pdf/E9-5690.pdf.

On April 21, 2009, based upon the comments received on the legal and policy questions relating to the January 21, 2009 regulations (74 FR 3677), OLMS published in the Federal Register a notice proposing to rescind such regulations. See http://edocket.access.gpo.gov/2009/pdf/E9-9175.pdf. The initial comment period was scheduled to end on May 21, 2009. Additionally, on April 21, 2009, OLMS published in the Federal Register a final rule extending the effective date of the January 21, 2009 regulations until October 19, 2009, and the applicability date of such regulations until January 1, 2010, in order to allow additional time for the agency and the public to consider the proposal to rescind the January 21, 2009 regulations and, meanwhile, to permit unions to delay costly development and implementation of any necessary new accounting and recordkeeping systems and procedures, pending this further consideration. The final rule delaying the effective and applicability dates can be viewed here: http://edocket.access.gpo.gov/2009/pdf/E9-9182.pdf

On May 21, 2009, OLMS published a notice in the Federal Register extending the comment period of the April 21, 2009 notice until June 22, 2009.  The notice can be viewed here: http://edocket.access.gpo.gov/2009/pdf/E9-11813.pdf.

On October 13, 2009, OLMS published in the Federal Register a final rule that rescinds the regulations published in the Federal Register on January 21, 2009. See: http://edocket.access.gpo.gov/2009/pdf/E9-24571.pdf.

Last Updated: 10/13/09