Local Union Officer Responsibilities under the LMRDA

1. Local Union Officer Responsibilities under the LMRDA U.S. Department of Labor/ESA Office of Labor-Management Standards

2. Los Angeles District Office Jeffrey C. Gitomer District Director 911 Wilshire Blvd., # 910 Los Angeles, CA 90017 (213)534-6405/Fax (213)534-6413 email: gitomer@sfc.dol-esa.gov

3. OLMS’ Mission Enforce the LMRDA • Financial integrity • Union democracy

4. OLMS Enforces the LMRDA. . . In Four Ways: • Reporting and Disclosure • Audits • Civil and Criminal Investigations • Liaison and Compliance Assistance

5. Financial Integrity • LM reports (Title II) • Bonding investigations (Title V) • Audits (Titles II & V) • Record keeping • Reporting • Embezzlement

6. Union Democracy • Investigate complaints • Officer Elections (Title IV) • Trusteeships (Title III) • Supervise elections

7. Officer Responsibilities • Administrative • Financial • Reporting • Elections

8. Administrative Responsibilities • . Constitution & bylaws • . Member rights • . Collective bargaining agreements • . Publicizing LMRDA • . LMRDA Section 504 • . Discipline

9. Constitution & Bylaws Adopt and enforce constitution and bylaws

10. Protect Member Rights • Right to nominate candidates • Right to vote for candidates • Attend and vote at meetings • Vote on dues, fees and assessments • Right to legal action • Disciplinary due process

11. Collective Bargaining Agreements • Maintain copies of all CBAs negotiated • Give copies to those covered by CBAs • Let members examine all CBAs

12. LMRDA Inform members about the LMRDA

13. Enforce LMRDA Section 504 • People convicted of certain crimes can’t be union officers or employees for 13 years! • Embezzlement, burglary & theft • Bribery & extortion • Murder, assault & rape • Arson & narcotics violations

14. Disciplinary Action to Members • Provide due process • Written notice of charges w/specificity • Opportunity to prepare a defense • Offer testimony & examine witnesses • Impartial tribunal/Fair hearing • Don’t discipline for exercising LMRDA rights!

15. Financial Responsibilities • . Fiduciary duties • . Surety bonding • . Loans • . Records

16. Fiduciary Duties • Manage assets for benefit of union • Manage funds according to constitution • Avoid conflicts of interest • Account for profits (and losses)

17. Bonding • Bond for everyone handling union funds • Minimum bond of 10% of all funds (liquid assets [cash, etc.] + gross receipts) • Bond range from $500 (threshold) to $500,000 (maximum required) • Starting cash + total receipts x 10% = Bond

18. Loans Loans > $2,000 to officers & employees areILLEGAL! Travel advances not accounted for with travel vouchers & vendor receipts, or not repaid within 30 days, constitute loans.

19. Records • Unions must maintain all financial records • Records must support LM reports • Maintain financial records 5 years • Members have right to examine records

20. Reporting Responsibilities • . Initial organizational report • . Annual financial reports • . Officer & employee reports • . Employer & consultant reports • . Trusteeship reports

21. LM-1 • Initial organizational report • File within 90 days of establishment • Signed by president and secretary • Union operations and constitutional provisions • File number is assigned by OLMS

22. LM-2/3/4 • Annual financial reports • LM-4 Receipts < $10,000 • LM-3 Receipts $10,000 - $199,999 • LM-2 Receipts $200,000 + or trusteeships • Signed by president & treasurer • File within 90 days after end of fiscal year • Terminal reports within 30 days after end of period

23. LM-30 • Union officer & employee reports • Payments from employer other than: • Regular salary • Regular benefits • Payments to officer, employee or their families • Conflicts of interest • Payments prohibited by 29 USC 186

24. Employers & Consultants • LM-10 filed by employers • Payments to union officers & employees • Payments to labor consultants • LM-20 & LM-21 filed by consultants • Discourage (or encourage) labor organizing • Direct communication with employees • Spying (collecting info) on employees

25. Trusteeships • LM-15 initial & semi-annually • LM-15A for selection of delegates and officers • LM-16 termination

26. Officer Elections • . Member rights • . Candidate rights • . Election safeguards

27. Member Rights • Secret ballot elections every 3/4/5 years • Reasonable opportunity to nominate • Issue nominations notice • Reasonable opportunity to vote • Mail election notices to members’ homes • No later than 15 days before the election

28. Candidate Rights • Inspection of membership list • Distribution of campaign literature • Reasonable opportunity to campaign • No discriminatory treatment of candidates • No use of union or employer funds

29. Election Safeguards • Follow constitution & bylaws • Current membership mailing list • Current candidate & voter eligibility lists • Protect ballots • No intimidation • Keep all election records 1 year

30. Questions • Call Los Angeles District Office • (213) 534-6405 • OLMS web site: • www.olms.dol.gov