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pdfPublic reporting burden for this collection of information is estimated to average 22 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Persons are not required to respond to the collection of information unless it displays a valid OMB
control number. Reporting of this information is mandatory and is required by the Labor-Management Reporting and Disclosure Act
of 1959 , as amended (LMRDA), for the purpose of public disclosure. As this is public information, there are no assurances of
confidentiality. If you have any comments regarding this estimate or any other aspect of this information collection, including
suggestions for reducing this burden, please send them to the U.S. Department of Labor, Office of Labor-Management Standards,
Division of Interpretations and Standards, Room N-5609, 200 Constitution Avenue, NW, Washington, DC 20210.
DO NOT SEND YOUR COMPLETED FORM LM-20 TO THE ABOVE ADDRESS.
INSTRUCTIONS FOR FORM LM-20
AGREEMENT AND ACTIVITIES REPORT
GENERAL INSTRUCTIONS
I. WHY FILE
A “direct or indirect party” to an agreement or
arrangement includes (1) persons who have secured the
services of another or of others in connection with an
agreement or arrangement of the type referred to in
Section 203(b) of the LMRDA, and (2) persons who have
undertaken activities at the behest of another or of others
with knowledge or reason to believe that they are
undertaken as a result of an agreement or arrangement
between an employer and any other person. However,
bona fide regular officers, supervisors, or employees of
an employer are exempt from this reporting requirement
to the extent that the services they undertook to perform
were undertaken as such bona fide regular officers,
supervisors, or employees of their employer.
The Labor-Management Reporting and Disclosure Act of
1959, as amended (LMRDA), requires public disclosure
of agreements or arrangements made between any
person, including labor relations consultants and other
individuals and organizations, and an employer to
undertake certain activities concerning employees or
labor organizations. Pursuant to Section 203(b) of the
LMRDA, every person who undertakes any such
activities under an agreement or arrangement with an
employer must file a detailed report with the Secretary of
Labor. The Secretary, under the authority of the LMRDA,
has prescribed the filing of the Agreement and Activities
Report, Form LM-20, to satisfy this reporting
requirement.
NOTE: Selected definitions from the LMRDA follow
these instructions.
These reporting requirements of the LMRDA and of the
regulations and forms issued under the Act only relate to
the disclosure of specific agreements, arrangements,
and/or activities. The reporting requirements do not
address whether such agreements, arrangements, or
activities are lawful or unlawful. The fact that a particular
agreement, arrangement or activity is or is not required
to be reported does or does not indicate whether it is or
is not subject to any legal prohibition.
III. WHAT MUST BE REPORTED
The information required to be reported on Form LM-20,
as set forth in the form and the instructions below,
includes (1) the party or parties to the agreement or
arrangement, (2) the object and terms and conditions of
the agreement or arrangement, and (3) the activities
performed or to be performed pursuant to the agreement
or arrangement.
II. WHO MUST FILE
Any person required to file Form LM-20 must also file
Form LM-21, Receipts and Disbursements Report. You
must file Form LM-21 for each fiscal year during which
you made or received payments as a result of any
agreement or arrangement described in Form LM-20.
You must file Form LM-21 within 90 days after the end of
your fiscal year.
Any person who, as a direct or indirect party to any
agreement or arrangement with an employer,
undertakes, pursuant to the agreement or arrangement,
any activity of the type described in Section 203(b) of the
LMRDA must file a Form LM-20. A “person” is defined by
the LMRDA Section 3(d) to include, among others, labor
relations consultants and other individuals and
organizations. A person “undertakes” activities not only
when he/she performs the activity but also when he/she
agrees to perform the activity or to have them performed.
NOTE: A separate Form LM-20 must be filed for each
agreement or arrangement the filer makes with an
employer to undertake any activity of the type set forth in
LMRDA Section 203(b).
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Pursuant to the LMRDA, the U.S. Department of Labor is
required to make all submitted reports available for public
inspection. You may examine Form LM-20 reports at, and
purchase copies from, the Office of
Labor-Management Standards (OLMS) Public
Disclosure Room at the address listed in Section VI, or
at the OLMS field office in whose jurisdiction the
reporting organization is located. At the end of these
instructions is a list of OLMS field offices.
IV. WHO MUST SIGN THE REPORT
Both the president and the treasurer, or the
corresponding principal officers, of the reporting
organization must sign the completed Form LM-20. A
report from a sole proprietor or an individual on his/her
own behalf need only bear one signature.
V. WHEN TO FILE
Each person who has entered into any agreement or
arrangement to undertake activities described in the form
and instructions must file the report within 30 days
after entering into such agreement or arrangement. You
must file any changes to the information reported in Form
LM-20 (excluding matters related to Item 11.c.) in a report
clearly marked “Amended Report” within 30 days of the
change.
Also, in the Internet Public Disclosure Room at
http://www.unionreports.gov, you may view and print
copies of agreement and activities reports, beginning with
the year 2000. You may also purchase copies of
agreement and activities reports from the Internet Public
Disclosure Room for 15 cents per page. Requests for 30
or fewer pages are provided free of charge.
VIII. RESPONSIBILITIES AND PENALTIES
VI. HOW TO FILE
The individual(s) required to sign Form LM-20, are
personally responsible for its filing and accuracy. Under
the LMRDA, these individuals are subject to criminal
penalties for willful failure to file a required report and/or
for false reporting. False reporting includes making any
false statement or misrepresentation of a material fact
while knowing it to be false, or for knowingly failing to
disclose a material fact in a required report or in the
information required to be contained in it or in any
information required to be submitted with it.
Form LM-20 is available on the OLMS website at
www.olms.dol.gov. You can complete and submit the
form electronically.
If you have difficulty navigating the software, or have
questions about its functions and features, call the OLMS
Help Desk at: (866) 401-1109. For questions concerning
the reporting requirements, please send an e-mail to
OLMS-Public@dol.gov or call (202) 693-0123.
If filing via paper format, you can print a copy and
complete the form manually. If you do not have access to
the Internet, you can obtain a blank form from the nearest
OLMS field office listed at the end of these instructions,
from the OLMS National Office at 202-693-0123, or by
calling the DOL toll-free help desk at 866-487-2365.
The reporting individual(s), and the reporting organization
if any, are also subject to civil prosecution for violations of
the filing requirements. According to Section 210 of the
LMRDA, “whenever it shall appear that any person has
violated or is about to violate any of the provisions of this
title, the Secretary may bring a civil action for such relief
(including injunctions) as may be appropriate.”
If the Form LM-20 report is prepared in paper format, the
completed Form LM-20 and any additional pages must be
mailed to the following address:
IX. RECORDKEEPING
U.S. Department of Labor
Office of Labor-Management Standards
200 Constitution Avenue, NW, Room N-5603
Washington, DC 20210
The individual(s) required to file Form LM-20 are
responsible for maintaining records which will provide in
sufficient detail the information and data necessary to
verify the accuracy and completeness of the report. You
must retain the records for at least 5 years after the date
you filed the report. You must retain any record necessary
to verify, explain, or clarify the report, including, but not
limited to vouchers, worksheets, receipts, and applicable
resolutions.
Entries on the report should be typed or clearly printed in
black ink. Do not use a pencil or any other color ink.
Additional Pages for Paper Filers. If you need additional
space to complete an item, enter the additional information
on a separate letter-size (8.5 x 11) page(s), indicating the
number of the item to which the information applies.
Print clearly at the top of each attached page the following
information: (1) the full name of the reporting individual or
organization, (2) the 5-digit file number as reported in Item
1, if available; and (3) the ending date of the reporting
period as reported in Item 4. All attachments must be
labeled sequentially 1 of __, 2 of __, etc.
VII. PUBLIC DISCLOSURE
X. COMPLETING FORM LM-20
Read the instructions carefully before completing Form LM20.
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The Form LM-20 is available to be completed
electronically. You may click on the “Validate” button at
any time to check for errors. This action will generate an
“Errors Page” listing any errors that will need to be
corrected before you will be able to sign the form. Clicking
on the signature lines will also perform the validation
function.
FILE NUMBER, PERSON FILING (ITEMS 1 – 5)
concerning activities of employees or a labor
organization in connection with a labor dispute
involving such employer. (Excluded are
agreements or arrangements that covers
services relating exclusively to supplying the
employer with information for use only in
conjunction with an administrative, arbitral, or
judicial proceeding.)
1. FILE NUMBER—Enter the five-digit file number
assigned by OLMS for the reporting individual or
organization. Persons who filed an LM-20 prior to
October 2003 were assigned four-digit file numbers.
OLMS has now expanded file numbers to five digits.
Place a zero in front of your old four-digit file number
to meet the new format requirement. For example, if
your old file number was 1234, enter 01234 in Item 1
of this report. If you have never previously filed the
Form LM- 20, leave Item 1 blank.
NOTE: The exclusions set forth above are applicable
only to an agreement or arrangement which covers no
activities reportable under LMRDA Section 203(b). If the
agreement or arrangement provides for any reportable
activity, you must report the information required for the
entire agreement or arrangement.
2. NAME AND MAILING ADDRESS— Enter the full
legal name of the reporting individual or organization, a
trade or commercial name, if applicable (such as a d/b/a
or “doing business as” name), the name and title of the
person to whom mail should be directed, and the
complete address where mail should be sent and
received, including any building and room number.
3. OTHER ADDRESSES WHERE RECORDS ARE
AVAILABLE—If you maintain any of the records
necessary to verify this report at an address different
from the address listed in Item 2, enter the appropriate
name and address in Item 3.
While Section 203 of the LMRDA does not amend or
modify the rights protected by Section 8(c) of the
National Labor Relations Act, as amended (NLRA), the
LMRDA contains no provision exempting the activities
protected by that section from the reporting
requirements. Therefore, activities of the type set forth in
Section 203(b) of the LMRDA must be reported
regardless of whether they are protected by Section 8(c)
of the National Labor Relations Act, as amended
(NLRA).
4. DATE OF FISCAL YEAR END—Enter the month
and day on which the fiscal year ends for the reporting
individual or organization.
NOTE: The text of NLRA Section 8(c) is set forth
following these instructions.
5. TYPE OF PERSON—If the person reporting is an
individual, partnership or corporation, so indicate. If
none of the choices apply, enter OTHER and specify.
NATURE OF AGREEMENT OR ARRANGEMENT
(ITEMS 6 – 10)
6. FULL NAME AND ADDRESS OF EMPLOYER—
Enter the full legal name of the employer with whom
you made the agreement or arrangement, a trade or
commercial name, if applicable (such as a d/b/a or
“doing business as” name), the name of the person to
whom mail should be directed, and the complete
address where mail should be sent and received,
including any building and room number.
GENERAL INSTRUCTIONS FOR AGREEMENTS,
ARRANGEMENTS, AND ACTIVITIES
You must file a separate report for each agreement or
arrangement made with an employer to where the
object is, directly or indirectly:
(1) To persuade employees to exercise or not
to exercise, or to persuade them as to the
manner of exercising, the right to organize and
bargain collectively through representatives of
their choice. (Excluded are agreements or
arrangements that cover services relating
exclusively to: (1) advising the employer; (2)
representing the employer before any court,
administrative agency, or tribunal of arbitration,
and (3) engaging in collective bargaining on
the employer’s behalf with respect to wages,
hours, or other terms or conditions of
employment or the negotiation of any
agreement or any questions arising under the
agreement.)
7. DATE OF AGREEMENT OR ARRANGEMENT—
Enter the month, day and year you entered into the
agreement or arrangement.
8. NAMES OF PERSONS THROUGH WHOM MADE—
Enter the name of each person who participated for the
employer in making the arrangement or agreement,
whether that person is an individual employer, partner,
corporate officer, employee, or other person acting for
the employer.
9. OBJECT OF ACTIVITIES—Check the appropriate
box(es) indicating whether the object or purpose of the
agreement or arrangement is to, directly or indirectly,
persuade employees as to exercising their bargaining
rights or to supply an employer with information related
to a labor dispute. You must check either one or both of
the boxes.
or
(2) To supply the employer with information
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10. TERMS AND CONDITIONS—Provide a detailed
explanation of the terms and conditions of the
agreement or arrangement. If any agreement or
arrangement is in whole or in part contained in a
written contract, memorandum, letter, or other written
instrument, or has been otherwise wholly or partially
to writing, you must refer to that document and attach
a copy of the writing to this report.
Electronically submitted forms must be signed using a
PIN and password combination. To electronically sign the
form, click the signature spaces provided. Enter the date
the report was signed and the telephone number at which
the signatories conduct official business; you do not have
to report a private, unlisted telephone number.
For a form that is printed and mailed to OLMS (see
Section VI - How to File), the officers must sign it
manually and mail it to the Office of Labor-Management
Standards, 200 Constitution Ave., NW, Room N-1519,
Washington, DC 20210-0001. Original signatures are
required on the printed Form LM-20 filed with OLMS;
stamped or mechanical signatures are not acceptable. If
the report is from an organization and is signed by an
officer other than the president and/or treasurer, indicate
so by (1) crossing out the pre-printed officer title(s) and (2)
inserting the appropriate officer title(s). Also, enter the
telephone number used by signatories to conduct official
business. You do not have to report a private, unlisted
telephone number.
SPECIFIC ACTIVITIES TO BE PERFORMED
(ITEMS 11-12)
11. DESCRIPTION OF ACTIVITIES—For each activity
to be performed, give a detailed explanation of the
following:
11.a. Nature of Activity. Describe the nature of the
activity to be performed. For example, if the object of the
activity is to persuade the employees of Employer X to
vote “no” on a representation election, so state.
11.b. Duration of Performance. Describe the period
during which the activity will be performed. For example,
if the performance will begin in June 2003 and terminate
in August 2003, so indicate by stating, “June 2003 –
August 2003”.
SELECTED DEFINITIONS AND RELATED
PROVISIONS OF THE LABOR-MANAGEMENT
REPORTING AND DISCLOSURE ACT OF 1959, AS
AMENDED (LMRDA)
11.c. Extent of Performance Indicate the extent to which
the activity has been performed. For example, you
should indicate whether the activity is pending, ongoing,
or near completion, or has been completed,.
Section 3.
(a) ‘Commerce’ means trade, traffic, commerce,
transportation, transmission, or communication among
the several States or between any State and any place
outside thereof.
11.d. Name(s) and Address(es) of person(s) through
whom the activity was performed. Enter the full legal
name(s) and address(es) of the person(s) through whom
the activity is to be or has been performed.
(b) ‘State’ includes any State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands,
American Samoa, Guam, Wake Island, the Canal Zone,
and Outer Continental Shelf’ Lands defined in the Outer
Continental Shelf Lands Act (43 U.S.C. 1331-1343).
12. SUBJECT GROUPS OF EMPLOYEES AND/OR
LABOR ORGANIZATIONS—Identify the subject groups
of employees and/or labor organizations are to be
persuaded or concerning whose activities information is
to be supplied to the employer.
(c) ‘Industry affecting commerce’ means any activity,
business or industry in commerce or in which a labor
dispute could hinder or obstruct commerce or the free
flow of commerce and includes any activity or Industry
‘affecting commerce’ within the meaning of the LaborManagement Relations Act, 1947, as amended, or the
Railway Labor Act, as amended.
12.a. Identify the subject groups of employee(s).
12.b. Identify the subject labor organization(s).
SIGNATURES
13-14. SIGNATURES—The completed Form LM-20,
which is filed with OLMS, must be signed by both the
president and treasurer, or corresponding principal
officers, of the reporting organization. A report from an
individual or a sole proprietor, on his/her own behalf,
need only bear one signature which you should enter in
Item 13. Otherwise, this report must bear two (2)
signatures. If the report is from an organization and is
signed by an officer other than the president and/or
treasurer, so indicate by entering the correct title in the
title field next to the signature. Then you must Save and
revalidate the form. Once the form has passed
validation, then you must click to sign the report.
(d) ‘Person’ includes one or more individuals, labor
organizations, partnerships, associations, corporations,
legal representatives, mutual companies, joint-stock
companies, trusts, unincorporated organizations,
trustees, trustees in cases under Title 11 of the United
States Code, or receivers.
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(e) ‘Employer’ means any employer or any group or
association of employers engaged in an industry
affecting commerce (1) which is, with respect to
employees engaged in an industry affecting commerce,
an employer within the meaning of any law of the United
States relating to the employment of any employees or
(2) which may deal with any labor organization
concerning grievances, labor disputes, wages, rates of
pay, hours of employment, or conditions of work, and
includes any person acting directly or indirectly as an
employer or as an agent of an employer in relation to
an employee but does not include the United States or
any corporation wholly owned by the Government of
the United States or any State or political subdivision
thereof.
which such employees may enjoy membership
or become affiliated with such labor
organization; or
(5) is a conference, general committee, and joint
or system board. or joint council, subordinate to
a national or international labor organization,
which includes a labor organization engaged in
an industry affecting commerce within the
meaning of any of the preceding paragraphs of
this subsection, other than a State or local
central body.
(f) ‘Employee’ means any individual employed by an
employer, and includes any individual whose work
has ceased as a consequence of, or in connection
with, any current labor dispute or because of any
unfair labor practice or because of exclusion or
expulsion from a labor organization in any manner or
for any reason inconsistent with the requirements of
this Act.
Section 203.
(b) Every person who pursuant to any agreement or
arrangement with an employer undertakes activities
where an object thereof is, directly or indirectly-
‘Labor dispute’ includes any controversy concerning
terms, tenure, or conditions of employment, or
concerning the association or representation of persons
in negotiating, fixing, maintaining, changing, or seeking
to arrange terms or conditions of employment,
regardless of whether the disputants stand in the
proximate relation of employer and employee.
(1) to persuade employees to exercise or not to
exercise, or persuade employees as to the
manner of exercising, the right to organize and
bargain collectively through representatives of
their own choosing; or
(2) to supply an employer with information
concerning the activities of employees or a labor
organization in connection with a labor dispute
involving such employer, except information for
use solely in conjunction with an administrative
or arbitral proceeding or a criminal or civil
judicial proceeding;
(i) ‘Labor organization’ means a labor organization
engaged in an industry affecting commerce and includes
any organization of any kind, any agency, or employee
representation committee, group, association, or plan so
engaged in which employees participate and which exits
for the purpose, in whole or in part, or dealing with
employers concerning grievances, labor disputes,
wages, rates of pay, hours or other terms or conditions
of employment, and any conference, general committee,
joint or system board, or joint council so engaged which
is subordinate to a national or international labor
organization, other than a State or local central body.
shall file within thirty days after entering into such
agreement or arrangement a report with the Secretary,
signed by its president and treasurer or corresponding
principal officers, containing the name under which such
person is engaged in doing business and the address of
its principal office, and a detailed statement of the terms
and conditions of such agreement or arrangement.
Every such person shall file annually, with respect to
each fiscal year during which payments were made as a
result of such an agreement or arrangement, a report
with the Secretary, signed by its president and treasurer
or corresponding principal officers, containing a
statement (A) of its receipts of any kind from employers
on account of labor relations advice or services,
designating the sources thereof, and (B) of its
disbursements of any kind, in connection with such
services and the purposes thereof. In each such case
such information shall be set forth in such categories as
the Secretary may prescribe.
(j) A labor organization shall be deemed to be engaged
in an industry affecting commerce if it—
(1) is the certified representative of employees
under the provisions of the National Labor
Relations Act, as amended, or the Railway
Labor Act, as amended; or
(2) although not certified, is a national or
international labor organization or a local labor
organization recognized or acting as the
representative of employees of an employer or
employers engaged in an industry affecting
commerce; or
Section 204.
(3) has chartered a local labor organization or
subsidiary body which is representing or actively
seeking to represent employees of employers
within the meaning of paragraph (1) or (2); or
Nothing contained In this Act shall be construed to
require an attorney who is a member in good standing of
the bar of any State, to include In any report required to
be filed pursuant to the provisions of this Act any
information which was lawfully communicated to such
attorney by any of his clients in the course of a legitimate
attorney-client relationship.
(4) has been chartered by a labor organization
representing or actively seeking to represent
employees within the meaning of paragraph (1)
or (2) as the local or subordinate body through
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NATIONAL LABOR RELATIONS ACT
Section 8(c).
The expressing of any views, argument, or opinion, or
the discussion thereof, whether in written, printed,
graphic, or visual form, shall not constitute or be
evidence of an unfair labor practice under any of the
provisions of this Act, if such expression contains no
threat of reprisal or force or promise of benefit.
If You Need Assistance
The Office of Labor-Management Standards has field
offices located in the following cities to assist you if you
have any questions concerning the LMRDA reporting
requirements.
Atlanta, GA
Birmingham, AL
Boston, MA
Buffalo, NY
Chicago, IL
Cincinnati, OH
Cleveland, OH
Dallas, TX
Denver, CO
Detroit, MI
Fort Lauderdale, FL
Honolulu, HI
Kansas City, MO
Los Angeles, CA
Milwaukee, WI
Minneapolis, MN
Nashville, TN
New Orleans, LA
New York, NY
Philadelphia, PA
Phoenix, AZ
Pittsburgh, PA
St. Louis, MO
San Francisco, CA
Seattle, WA
Tampa, FL
Washington, DC
Copies of labor organization annual financial reports,
employer reports, and labor relations consultant reports
filed for the year 2000 and after can be viewed and
printed at http://www.unionreports.gov. Copies of reports
for the year 1999 and earlier can be ordered through the
website.
Information about OLMS, including key personnel and
telephone numbers, compliance assistance materials,
the text of the LMRDA, and related Federal Register and
Code of Federal Regulations (CFR) documents, is also
available on the Internet at: http://www.olms.dol.gov.
Additionally, you can call the OLMS national office at
(202) 693-0123 or email OLMS-Public@dol.gov.
(Technical Revisions 3/2015; 11/2016; 4/2019)
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File Type | application/pdf |
File Title | Microsoft Word - LM-20 instructions.doc |
Author | mbresnah |
File Modified | 2019-04-15 |
File Created | 2019-04-15 |