U.S. Department of Labor Office of Labor-Management Standards (OLMS)

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U.S. Department of LaborOffice of
Labor-Management Standards(OLMS)
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Introduction
U.S. Department of Labor - OLMS 233 Cumberland
Bend Dr. Suite 110 Nashville, TN
37228 Telephone [phone]
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Office of Labor-Management Standards

• The Office of Labor-Management Standards (OLMS),
  is an agency within the Employment Standards
  Administration, U. S. Department of Labor.
• The Secretary of Labor has authority over all
  agencies within the Department of Labor,
  including OLMS.
• OLMS is under the direction of the Deputy
  Assistant Secretary, who is appointed by the
  Secretary of Labor.

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Office of Labor-Management Standards

• OLMS has five divisions in the national office
  including
• Division of Enforcement
• Division of Reports Disclosure and Audit
• Division of Interpretations and Standards
• Division of International Union Audits
• Division of Statutory Programs

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Office of Labor-Management Standards

• OLMS has 5 regional field offices and 20
  district field offices.
• Atlantic Regional Office
• Ohio-Potomac Regional Office
• Great Lakes Regional Office
• Gulf Coast Regional Office
• Pacific Regional Office

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OLMS Online
http//www.olms.dol.gov
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Office of Labor-Management Standards

• OLMS is responsible for
• Administering certain provisions of the
  Labor-Management Reporting and Disclosure Act
  of 1959, and
• Administering provisions of the Civil Service
  Reform Act, the Government Accountability Act
  and the Foreign Service Act relating to
  standards of conduct for federal employee
  unions.

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Office of Labor-Management Standards

• The LMRDA was enacted by Congress primarily to
  ensure basic standards of democracy and fiscal
  responsibility in labor organizations
  representing employees in private industry.

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Office of Labor-Management Standards

• OLMS performs four types of activities
• Public Disclosure of Reports
• Unions must file an annual financial
  report with OLMS each year.
• Employers, labor relations consultants, union
  officers and employees, and surety companies
  are required to file under certain
  circumstances.
• Most reports are available on-line and
  can be accessed through the following website
• www.union-reports.dol.gov

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Office of Labor-Management Standards

• Compliance Audits
• The Compliance Audit Program (CAP) is a
  streamlined audit approach to audit local unions
  to verify LMRDA compliance.
• I-CAP is a companion program to audit national
  and international unions.
• CAP and I-CAP allow OLMS to provide compliance
  assistance to union officials to help them
  correct problems detected during the audit and
  to help prevent future violations.

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Office of Labor-Management Standards

• Investigations
• OLMS conducts investigations to determine if
  violations of the LMRDA have occurred.
• Investigations are initiated based on various
  sources such as
• complaints from union members
• information developed by OLMS as a result of
  reviewing reports filed
• information developed during an OLMS audit of
  a unions books and records
• information obtained from other government
  agencies.

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Office of Labor-Management Standards

• Investigations
• Investigations may involve civil matters such
  as election of union officers or criminal
  matters such as embezzlement of union funds.

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Office of Labor-Management Standards

• Education and Compliance Assistance
• OLMS has an active program to promote
  voluntary compliance with the
  LMRDA by informing union officers and others
  affected by the law of their responsibilities
  and by encouraging members to exercise their
  rights under the LMRDA.

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Office of Labor-Management Standards

• Education and Compliance Assistance
• OLMS conducts many educational activities,
  ranging from one-on-one meetings with union
  officers to statewide seminars for hundreds of
  union officials.
• Assistance is also provided to meet the
  special needs of union members, employers,
  consultants, and the general public.

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Office of Labor-Management Standards

• OLMS
• Publishes and distributes explanatory pamphlets
  which emphasize voluntary compliance with the
  LMRDA
• Conducts seminars and workshops about the law
  in general and about specific areas such as
  election procedures or completion of reporting
  forms

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Office of Labor-Management Standards

• Works with international union officials to
  correct or prevent LMRDA violations by its
  affiliates
• Participates in union conventions by providing
  displays, giving speeches, taking part in panel
  discussions, and conducting workshops for those
  attending

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Office of Labor-Management Standards

• Compliance Assistance pamphlets and other
  material are available on the following
  website
• http//www.olms.dol.gov

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Office of Labor-Management Standards
The Labor-Management Reporting and Disclosure Act
of 1959 (LMRDA)
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The Labor-Management Reporting and Disclosure Act
of 1959 (LMRDA)

• The LMRDA grants certain rights to union
  members and protects their interests by
  promoting democratic procedures within labor
  organizations.

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The Labor-Management Reporting and Disclosure Act
of 1959 (LMRDA)

• The Act establishes -
• A Bill of Rights for union members
• Reporting requirements for labor organizations,
  union officers and employees, employers,
  labor-relations consultants, and surety
  companies
• Standards for the regular election of union
  officers
• Safeguards for protecting labor organization
  funds and assets

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The Labor-Management Reporting and Disclosure Act
of 1959 (LMRDA)

• Unions representing U. S. Postal Service
  employees are covered by the LMRDA as the
  result of the Postal Reorganization Act of 1970.
• Unions representing Federal employees are
  covered by the implementing regulations of the
  standards of conduct provisions of the Civil
  Service Reform Act of 1978.

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The Labor-Management Reporting and Disclosure Act
of 1959 (LMRDA)

• Unions representing solely state, county, and
  municipal employees are not covered by the
  LMRDA except intermediate bodies are covered if
  they are subordinate to a covered national or
  international labor organization.

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Title I Bill of Rights of Union Members

• Union members have equal rights to -
• Nominate candidates for union office
• Vote in union elections
• Participate in union meetings
• Meet with other members and express any
  opinions

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Title I Bill of Rights of Union Members

• Unions may impose assessments and raise dues
  only by democratic procedures.
• Unions must afford members a full and fair
  hearing of charges against them.

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Title I Bill of Rights of Union Members

• Unions must inform their members about
  provisions of the LMRDA.
• Union members and nonunion employees have the
  right to receive or to inspect collective
  bargaining agreements.

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Title II Reporting Requirements

• Unions must file information reports,
  constitutions and bylaws, and annual financial
  reports with OLMS
• Information Report, Form LM-1
• Must be filed within 90 days after becoming
  subject to the Act
• Annual Financial Reports, Forms LM-2/3/4
• Must be filed within 90 days after the end of
  the unions fiscal year

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Title II Reporting Requirements

• Officers and employees of labor unions must
  report any loans and benefits received from, or
  certain financial interests in, employers whose
  employees their union represents and businesses
  that deal with their union.
• Union Officer and Employee Report, Form LM-30
• Must be filed within 90 days after the close
  of the fiscal year of the person filing the
  report

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Title II Reporting Requirements

• Employers and labor-relations consultants who
  engage in certain activities to persuade
  employees about their union activities or to
  supply information to the employer must file
  reports.
• Employer Report, Form LM-10
• Must be filed within 90 days after the close
  of the companys fiscal year
• Must be signed by the president and treasurer
  or corresponding principal officers

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Title II Reporting Requirements

• Agreement and Activities Report, Form LM- 20
• Filed by any person who, as a direct or
  indirect party to any agreement or arrangement
  with an employer, undertakes any activities to
  persuade employees to exercise or not to
  exercise, or as to the manner of exercising,
  the right to organize and bargain collectively
  through representatives of their own choosing.

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Title II Reporting Requirements

• Agreement and Activities Report, Form LM-20
• The report must be filed within 30 days after
  entering into such agreement or arrangement.
• The persons responsible for signing the report
  are the president and treasurer or corresponding
  principal officers, or if self- employed, the
  individual performing the activities.
• Each individual required to sign the report is
  personally responsible for the filing and for
  any statement contained therein which he or she
  knows to be false.

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Title II Reporting Requirements

• Receipts and Disbursements Report, Form LM- 21
• The report is required to be filed by any person
  who files an Agreement and Activities Report,
  Form LM-20, if any payments were made or
  received during the fiscal year as a result of
  such agreement or arrangement requiring an
  LM-20.

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Title II Reporting Requirements

• Receipts and Disbursements Report, Form LM- 21
• The LM-21 Report must be filed within 90 days
  after the end of the persons fiscal year.
• The LM-21 must be signed by the president and
  treasurer or corresponding principal officers of
  the firm, or is self-employed, by the individual
  performing the activities.

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Title II Reporting Requirements

• The reports and documents filed with OLMS
• are public information and any person may
• examine them or obtain copies at OLMS offices.
• Union annual financial reports, employer and
  consultant reports, and union officer and
  employee reports are also available for review
  and/or copying through the OLMS website
• http//union-reports.dol.gov

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Title II Reporting Requirements

• Filers must retain the records necessary to
  verify the reports for a period of five years
  from the date the LM Report is filed.
• Unions must make reports available to members
  and permit members to examine records for just
  cause.

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Title III Trusteeships

• A trusteeship is defined as any receivership,
  trusteeship, or other method of supervision or
  control whereby a labor organization suspends
  the autonomy otherwise available to a
  subordinate body under its constitution and
  bylaws.

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Title III Trusteeships

• A trusteeship may only be imposed for the
  purposes specified in the LMRDA and must be
  established and administered in accordance with
  the constitution and bylaws of the labor
  organization which has imposed the trusteeship.

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Title III Trusteeships

• Trusteeships may be established for the
  following allowable purposes
• correcting corruption or financial
  malpractice
• assuring the performance of collective
  bargaining agreements
• restoring democratic procedures
• otherwise carrying out the legitimate objects
  of the union

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Title III Trusteeships

• A parent body which places a subordinate body
  under trusteeship must file initial, semiannual,
  and terminal trusteeship reports.
• Trusteeship Report, Form LM-15
• Report on Selection of Delegates and Officers,
  Form LM-15A
• Terminal Trusteeship Report, Form LM-16

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Title III Trusteeships

• Trusteeship Report, Form LM-15
• The initial LM-15 Report must be filed by the
  parent union within 30 days after imposing the
  trusteeship over a subordinate body.
• The parent body is responsible for filing a
  semiannual report, on Form LM-15, within 30
  days after the end of each six month period for
  the duration of the trusteeship.

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Title III Trusteeships

• Terminal Trusteeship Report, Form LM-16
• The parent body must file a Form LM-16 within
  90 days after the termination of the
  trusteeship.
• The LM-16 Report must disclose the following
  information
• The date and method of terminating the
  trusteeship
• The names, titles, and method of selecting the
  subordinate unions officers

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Title III Trusteeships

• Report on Selection of Delegates and Officers,
  Form LM-15A
• The LM-15A Report must be filed with the
  initial, semiannual, or terminal trusteeship
  report if, during the period covered by the
  report, there was any
• Convention or other policy-determining body to
  which the subordinate union sent delegates or
  would have sent delegates if not in trusteeship,
  or
• Election of officers of the union which
  imposed the trusteeship

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Title III Trusteeships

• A parent body that imposes a trusteeship may
  not engage in specified acts involving the funds
  and delegate votes from a trusteed union.

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Title IV Election of Officers

• Sets minimum requirements a labor union must
  follow including the maximum amount of time
  between elections
• Establishes members rights to be a candidate
  for office and vote in elections, subject to
  reasonable rules uniformly imposed

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Title IV Election of Officers

• Includes procedures a member must follow to
  file a protest of the election with the union
  and the Secretary of Labor

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Title V Safeguards for Labor Organizations

• Officers have a duty to manage the funds and
  property of the union solely for the benefit of
  the union in accordance with its constitution
  and bylaws.

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Title V Safeguards for Labor Organizations

• A union officer or employee who embezzles or
  otherwise misappropriates union funds or other
  assets commits a Federal crime punishable by a
  fine and/or imprisonment.

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Title V Safeguards for Labor Organizations

• Officials who handle union funds or property
  must be bonded to provide protection against
  losses.
• A union may not have outstanding loans to any
  one officer or employee that in total exceeds
  2,000.

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Title V Safeguards for Labor Organizations

• Persons convicted of certain crimes may not
  hold union office or employment for up to 13
  years after conviction or after the end of
  imprisonment.

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Title VI Miscellaneous Provisions

• Authority is granted to the Secretary of Labor
  to investigate possible violations of most
  provisions of the LMRDA and to enter premises,
  examine records and question persons in the
  course of the investigation.

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Title VI Miscellaneous Provisions

• A union or any of its officials may not fine,
  suspend, expel, or otherwise discipline a
  member for exercise of rights under the LMRDA.

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Title VI Miscellaneous Provisions

• No one may use or threaten to use force or
  violence to interfere with a union member in
  the exercise of LMRDA rights.

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Office of Labor-Management Standards
The Labor-Management Reporting and Disclosure Act
of 1959 (LMRDA)