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United States Department of Labor

US Department of Labor: Spring Regulatory Agenda 2010

Office of Labor-Management Standards (OLMS)

Form LM-30: Labor Organization Officer and Employee Report
Notice of Proposed Rulemaking

This Notice of Proposed Rulemaking (NPRM) will support the Secretarys outcome goals of securing minimum wages and overtime and helping middle-class families remain in the middle class.

Statutory Requirement

Under section 202 of the Labor-Management Reporting and Disclosure Act (LMRDA), and subject to certain exceptions, every labor organization officer or employee (other than an exclusively clerical or custodial employee) who has directly or indirectly held any legal or equitable interest in, received any payments from, or engaged in any transactions or arrangements with certain employers or businesses must file a report with OLMS. This report is submitted on a Form LM-30 and is required to make public any actual or potential conflict between the personal financial interests of union officers or employees and their obligations to the union and its members.

Regulatory Background

OLMS most recently revised the Form LM-30 in 2007, attempting to clarify instructions and, in some aspects, expanding reporting requirements for public disclosure. However, the 2007 rule has generated numerous fundamental questions regarding the complexity of the form and its instructions, as well as the scope and extent of the LM-30 reporting obligations. Because of these concerns, OLMS announced on its web site on March 19, 2009, a non-enforcement policy under which it will accept either the old Form LM-30 or the new (2007) one from union officials.

OLMS conducted a stakeholder meeting on July 21, 2009, to solicit comments concerning possible revision of the Form LM-30. Comments were solicited on the form and instructions, as well as the following issues: the coverage of shop stewards under the LMRDA section 202 reporting requirement; the requirement to report union-leave/no-docking payments; the requirement to report certain loans, including home mortgages; the requirement to report payments from certain trusts and unions; and the scope of reporting for higher level union officials.

Planned Action

OLMS plans publication of a notice of proposed rulemaking to revise the Form LM-30 in August 2010.