Form LM-30 Labor Organization Officer and Employee Report

Forms and Documents

Document Name	Status
Form LM-30 Labor Organization Officer and Employee Report - LM-30 Form	New
NOTE TO REVIEWER-Supporting Statement LM-30 update 3-18-09.doc Supporting Statement A	2009-03-18

IC Document Collections

IC ID	Document Title	Status
188440	Labor Organization Officer and Employee Report - LM-30 Form	New

ICR Details

OMB Control No: 1215-0205	ICR Reference No: 200903-1215-004
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOL/ESA	Agency Tracking No: OLMS LM-30
Title: Form LM-30 Labor Organization Officer and Employee Report
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 03/25/2009
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/18/2009
	Date Received in OIRA: 03/18/2009
Terms of Clearance: This information collection request is approved for 6 months. Before the expiration of this approval, DOL must seek approval through the normal process set forth in the PRA, including public notice and comment. OMB notes that because DOL is seeking emergency PRA approval, this collection, unless merged with the broader LM collection, will have a separate OMB approval number that will need to be displayed on the form.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2009	6 Months From Approved
Responses	1,998	0	0
Time Burden (Hours)	1,339	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Labor-Management Reporting and Disclosure Act (LMRDA) requires labor organization officers and employees to disclose potential conflicts of interest between the labor organization officials and their labor organization. The Department of Labor established the Form LM-30, Labor Organization Officer and Employee Report, pursuant to this LMRDA requirement. All reports are available for public disclosure. Filers are required to retain supporting records for five years.

Emergency Justfication: This submission is a request for an emergency information collection. On July 2, 2007, the Department published a revised Form LM-30, Labor Organization Officer and Employee Report. This report is currently a part of an existing collection, as the information requirements of the Labor-Management Reporting and Disclosure Act (LMRDA) are currently approved under OMB # 1215-0188, with an expiration date of September 30, 2011. The currently approved collection includes Forms LM-1, LM-2, LM-3, LM-4, LM-10, LM-15, LM-15A, LM-16, LM-20, LM-21, LM-30, T-1, and S-1. The Department will publish in the spring 2009 Semi-Annual Regulatory Agenda notice of an intended rulemaking to revise the Form LM-30. The rulemaking is intended to review questions of policy and law surrounding these reporting requirements. The rulemaking will focus on the changes resulting from the 2007 regulatory revision of the Form and instructions. This revision dramatically altered the old Form LM-30 and instructions, which had not substantially changed in over 40 years. Despite the promulgation of the new Form LM-30, fundamental questions regarding the scope and extent of the reporting obligations are unanswered, and litigation challenging some aspects of the form remains pending. Yet, by March 31, 2009, reports for calendar year 2008 must be filed. In light of this uncertainty, the pending regulatory action, the pending litigation and the rapidly approaching filing deadline, the Department has determined that it would not be a good use of resources to bring enforcement actions based upon a failure to use a specific form to comply with the statutory obligation to report certain financial information. Accordingly, the Department will refrain from initiating enforcement actions against labor organization officers and employees based solely on the failure to file the report required by section 202 of the Labor Management and Reporting Disclosure Act (LMRDA), 29 U.S.C. § 432, using the 2007 form, as long as individuals meet their statutorily-required filing obligation in some manner. The Department will accept either the old Form LM-30 or the new one for purposes of this non-enforcement policy. The Department is seeking this emergency information collection request in order to provide the old Form LM-30 with an OMB control number.

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Authorizing Statute(s): US Code: 29 USC 408 Name of Law: Labor-Management Reporting and Disclosure Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Labor Organization Officer and Employee Report - LM-30	LM-30	Labor Organization Officer and Employee Report

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,998	0	0	1,998	0	0
Annual Time Burden (Hours)	1,339	0	0	1,339	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Reinstatement of pre-2007 version of the LM-30 Form.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/18/2009

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