Download:
pdf |
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).
1
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.
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.
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.”
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.
IX. RECORDKEEPING
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.
VI. HOW TO FILE
The Form LM-20 must be completed and submitted
electronically via the Office of Labor-Management
Standards (OLMS) Electronic Forms System (EFS),
available on the OLMS website at www.dol.gov/olms.
X. COMPLETING FORM LM-20
Read the instructions carefully before completing Form LM20.
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) 6930123.
The Form LM-20 must be completed and submitted
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.
VII. PUBLIC DISCLOSURE
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 OLMS Public Disclosure Room at (202) 693-0125
or OLMS-Public@dol.gov, 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.
FILE NUMBER, PERSON FILING (ITEMS 1 – 5)
1. FILE NUMBER—The software will enter the five-digit
file number assigned by OLMS for the reporting individual
or organization here and at the top of each page of Form
LM-20. If the number is incorrect or you do not have the
number on file, and you have previously filed a Form LM20, you can review a past report to obtain your file
number. Please visit the OLMS On-line Public Disclosure
Room and select “View Other Reports”. You will have
the option to select your consultant's name or
organization from the drop-down menu. This menu
contains all the individuals and organizations that have
filed labor relations consultant reports.
Also, in the Internet Public Disclosure Room at
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
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
If you cannot obtain your file number from past reports,
the number can be obtained at www.unionreports.gov,
emailing OLMS at OLMS-Public@dol.gov, or calling
OLMS at (202) 693-0125.
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
2
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).
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.
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. T
or
To supply the employer with information
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.)
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.
SPECIFIC ACTIVITIES TO BE PERFORMED
(ITEMS 11-12)
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.
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
3
representation election, so state.
and any place outside thereof.
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”.
(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).
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,.
(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.
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.
(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.
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.
(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.
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
electronically 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.
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.
(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.
‘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.
SELECTED DEFINITIONS AND RELATED
PROVISIONS OF THE LABORMANAGEMENT REPORTING AND
DISCLOSURE ACT OF 1959, AS AMENDED
(LMRDA)
(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
Section 3.
(a) ‘Commerce’ means trade, traffic, commerce,
transportation, transmission, or communication
among the several States or between any State
4
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.
A labor organization shall be deemed to be engaged
in an industry affecting commerce if it—
conjunction with an administrative or arbitral
proceeding or a criminal or civil judicial
proceeding;
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.
(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
(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
(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 which such
employees may enjoy membership or
become affiliated with such labor
organization; or
Section 204.
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.
(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.
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.
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-
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.
(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
5
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
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.
Revised June 2020
6
File Type | application/pdf |
File Title | Microsoft Word - LM-20 instructions.doc |
Author | mbresnah |
File Modified | 2021-02-10 |
File Created | 2020-06-17 |