Download:
pdf |
pdfPublic reporting burden for this collection of information is estimated to average 55 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 currently 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,
Room N-5609, 200 Constitution Avenue, NW, Washington, DC 20210.
DO NOT SEND YOUR COMPLETED FORM LM-1 TO THE ABOVE ADDRESS.
INSTRUCTIONS FOR FORM LM-1 LABOR
ORGANIZATION INFORMATION REPORT
GENERAL INSTRUCTIONS
I. WHY FILE
III. WHAT FORMS TO FILE
The Labor-Management Reporting and Disclosure
Act, as amended (LMRDA), requires public
disclosure of information concerning the structure,
practices, and procedures of labor organizations.
The Secretary, under the authority of the LMRDA,
has prescribed the filing of the Labor Organization
Information Report, Form LM-1, for labor
organizations to satisfy this reporting requirement.
Initial Form LM-1
Every labor organization subject to the LMRDA,
CSRA, or FSA is required to adopt a constitution
and bylaws and attach a copy with an initial Form
LM-1 filed with OLMS. The initial Form LM-1 must
report certain information concerning the
structure, practices, and procedures of the labor
organization.
II. WHO MUST FILE
OLMS will electronically acknowledge receipt of
your organization’s initial Form LM-1 and advise
you of the 6- digit identifying file number that has
been assigned to your organization. This file
number must be entered on the annual financial
reports (Form LM-2, LM-3, or LM-4) which your
labor organization is also required to file with the
Department of Labor. (See Section V below for
information about annual financial reports.)
Every labor organization subject to the LMRDA,
the Civil Service Reform Act (CSRA), or the
Foreign Service Act (FSA) must file Form LM-1
with the Office of Labor- Management Standards
(OLMS) of the U.S. Department of Labor. These
laws cover labor organizations that represent
employees who work in private industry,
employees of the U.S. Postal Service, and most
Federal government employees.
Amended Form LM-1
Labor organizations that represent only state,
county, or municipal government employees are
not covered by these laws and, therefore, are not
required to file Form LM-1.
A labor organization is required to file an amended
Form LM-1 to update the information on file with
OLMS if there are any changes in the practices
and procedures listed in Item 18, Column (2) of its
most recent Form LM-1. These are changes in
practices and procedures which are not contained
in the labor organization’s constitution and bylaws.
If you have a question about whether your
organization is required to file, contact the
nearest OLMS field office listed at the end of
these instructions.
The amended Form LM-1 must be filed
electronically at the same time your organization
files electronically its annual financial report (Form
LM-2, LM-3, or LM-4) for the reporting period in
which the change occurred.
NOTE: Selected definitions from the LMRDA and
CSRA concerning labor organizations, members,
and officers follow these instructions. These
definitions may be helpful in determining whether
your organization is subject to the LMRDA or
CSRA.
Please note the amended Form LM-1, like the
initial report, is not filed as part of the annual
1
financial form but is filed separately through the
Form LM-1 portion of the OLMS Electronic Forms
System (EFS). See Part VI – How to File.
questions concerning the reporting requirements,
please send an email to OLMS-Public@dol.gov or
call (202) 693- 0123.
If your organization changes its affiliation or
organization name or its designation (Items 4-7),
then submit the amended Form LM-1 before you
begin work on the annual Form LM-2, LM-3, or LM4 report.
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
the Form LM-1 reports at, and purchase copies
from, the OLMS Public Disclosure Room at
www.unionreports.gov. If you have any questions,
please email OLMS-Public@dol.gov or call (202)
693-0123.
NOTE: Federal employee labor organizations
subject solely to the CSRA or FSA are not required
to submit an amended Form LM-1 to describe
changes in their practices and procedures.
IV. WHO MUST SIGN THE REPORT
VIII. OFFICER RESPONSIBILITIES AND
PENALTIES
The completed Form LM-1 must be signed
electronically by the president and the secretary or
corresponding officers of the reporting labor
organization.
The president and secretary or the corresponding
principal officers of the labor organization required
to sign Form LM-1 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 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.
V. WHEN TO FILE
You must electronically file Form LM-1 within 90
days after the date on which your labor
organization becomes subject to the LMRDA,
CSRA, or FSA. Also, subsequent to filing Form
LM-1, you must file annual financial reports (Forms
LM- 2, LM-3, or LM-4) within 90 days after the end
of your organization’s fiscal year. Labor
organizations with total annual receipts of
$250,000 or more must file the detailed Form LM-2
annual report. Labor organizations with total
annual receipts of less than $250,000, may file the
simplified 4-page annual report, Form LM-3. Labor
organizations with less than $10,000 in total annual
receipts may file the abbreviated 2-page annual
report, Form LM-4.
The reporting labor organization and the officers
required to sign Form LM-1 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.”
VI. HOW TO FILE
The Form LM-1 and any required attachments and
additional pages 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.
The reporting labor organization and the officers
required to sign Form LM-1 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.”
NOTE: Upon registering with OLMS, the
signatories and preparers must enter the email
addresses they use to conduct union business, in
order to file the form via the OLMS Electronic
Forms System. While the email addresses will not
appear on the report, OLMS may use the email
address of the signatories and any preparers to
contact the union concerning LMRDA compliance.
Under the CSRA and FSA and implementing
regulations, false reporting and failure to report
may result in administrative enforcement action
and litigation. The officers responsible for signing
Form LM-1 are also subject to criminal penalties
for false reporting under section 1001 of Title 18 of
the United States Code.
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
2
practices and procedures, which are not contained
in your organization’s constitution and bylaws.
IX. RECORDKEEPING
The individuals required to file Form LM-1 are
responsible for maintaining records which must
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 the report is filed. You
must retain any record necessary to verify, explain,
or clarify the report including, but not limited to,
vouchers, worksheets, receipts, and applicable
resolutions.
4. AFFILIATION OR ORGANIZATION NAME —
Enter the name of the national or international
labor organization which granted your organization
a charter. If your organization has no such
affiliation, enter the name of your organization as
currently identified in your constitution and bylaws
or other organizational documents.
5. DESIGNATION—Enter the designation that
specifically identifies your organization, such as
Local, Lodge, Branch, Joint Board, Joint Council,
District Council, etc.
Individuals are subject to penalties for willfully
making any false entry in or concealing,
withholding, or destroying any books, records, or
statements required to be kept.
6. DESIGNATION NUMBER—Enter the number or
other identifier, if any, by which your organization is
known.
X. COMPLETING FORM LM-1
7. UNIT NAME—Enter any additional or alternate
name by which your organization is known, such as
“Chicago Area Local.”
Read these instructions carefully before completing
Form LM-1.
IDENTIFICATION ITEMS 1 -9
(To be completed by all filers)
8. MAILING ADDRESS— Enter 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.
Answer Items 1 through 9 as instructed. Enter
“None” or “Not Applicable”, where appropriate.
Select the appropriate box for those questions
which require a YES or NO answer; do not leave
both boxes blank.
9. PLACE WHERE RECORDS ARE KEPT - If
you maintain any of the records required to be kept
by your organization to verify this report at the
address reported in Item 8, select YES. If not,
select NO and provide in Item 19 the address where
your organization’s records are kept.
1. FILE NUMBER — If this is an initial Form LM-1,
leave Item 1 blank. If this is an amended Form
LM-1, enter the 6-digit file number, which OLMS
has assigned to your organization. If you cannot
obtain the number from previous reports filed by
your organization, contact the nearest OLMS field
office listed at the end of these instructions to
obtain your organization’s file number.
INFORMATION ITEMS 10-17
(To be completed by initial filers only)
10. CITY, COUNTY, AND STATE WHERE
CHARTERED TO OPERATE—Enter the city,
county, and state in which your organization is
chartered or authorized to operate. If there is no
city named in your organization’s charter, or if
there is no city in which the national or
international organization has authorized your
organization to operate, then enter the city,
county, and state where your organization’s main
office is located. Do not list a private residence.
If your organization has no main office, enter the
city, county, and state where most of the
members work.
2. FISCAL YEAR ENDING DATE — If this is an
initial Form LM-1 enter the month and day on
which the fiscal year of your organization ends. If
this is an amended Form LM-1, which must be
submitted with your organization’s annual financial
report, enter the last date covered by the financial
report, including the month, day, and year. This
date should be the same as the last date entered
in Item 2 of your organization’s annual financial
report (Forms LM-2, LM-3, or LM-4).
3. INITIAL OR AMENDED REPORT—Select
YES if this is the first Form LM-1 filed by your
organization. Select NO if this is an amended
Form LM-1 filed by your organization due to
changes in the practices and procedures listed in
Item 18, Column (2) of your organization’s most
recent Form LM-1. These are changes in
11. NEXT REGULAR ELECTION— Enter the
month and year of your organization’s next
regular election of general officers (president,
vice president, treasurer, secretary, etc.). Do
not report the date of any interim election to fill
vacancies.
3
12. TYPE OF MEMBERSHIP—Select each
applicable box to indicate if any of the members
of your organization are:
Line (a): Enter the regular dues or fees or other
periodic payments which a member must pay to be
in good standing in your organization and enter the
calendar basis for the payment (per month, per
year, etc.). If your organization requires members
to pay “working” dues as a part of regular dues,
also report the amount or percent of “working” dues
and enter the basis for the payment (per hour, per
month, etc.). Include only the dues or fees of
regular members and not dues or fees of members
with special rates, such as apprentices, retirees, or
unemployed members.
• Employees of private industry.
• Employees of the U.S. Postal Service.
(Section 1209(b) of the Postal
Reorganization Act makes the LMRDA
applicable to labor organizations
composed of such employees.)
• Employees of the Federal government
subject to Title VII of the CSRA or Chapter
10 of the FSA.
Line (b): Enter the working dues required from
members.
13. TYPE OF LABOR ORGANIZATION—
Select the appropriate box to indicate whether
your organization is a local labor organization
of any kind, an intermediate body of any kind,
or a national or international labor organization.
The selected box should indicate the type of
labor organization rather than its official name.
Line (c): Enter the initiation fees required from
new members.
Line (d): Enter the fees other than dues required
from transferred members. Such fees are those
charged to persons applying for a transfer of
membership to your organization from another
labor organization with the same affiliation. Do not
report fees charged to members transferring from
one class of membership to another within your
organization.
14. EXPECTED ANNUAL RECEIPTS—Select
the appropriate box to indicate the expected
total annual receipts of your labor organization.
The term “total annual receipts” means all
financial receipts of the labor organization
during its fiscal year, regardless of the source,
including receipts of any subsidiaries and any
special funds. (A subsidiary is any separate
organization of which the ownership is wholly
vested in the reporting labor organization or its
officers or its membership, which is governed or
controlled by the officers, employees, or
members of the reporting labor organization,
and which is wholly financed by the reporting
labor organization.)
Line (e): If your organization issues work permits,
enter the fees required and enter the calendar
basis for the payment (per month, per year, etc.).
Work permit fees are fees charged to
nonmembers of your organization who work within
its jurisdiction. Do not report as work permit fees
those fees charged to nonmember applicants for
membership pending acceptance of their
membership application, or fees charged to
persons applying for transfer of membership to
your organization pending acceptance of their
application for transfer.
15. OFFICERS—List the names and titles of
all the officers of your organization (including
the officers who sign this report). “Officer” is
defined in section 3(n) of the LMRDA as “any
constitutional officer, any person authorized to
perform the functions of president, vice
president, secretary, treasurer, or other
executive functions of a labor organization,
and any member of its executive board or
similar governing body.”
Enter NONE if your organization does not issue
work permits.
17. CONSTITUTION AND BYLAWS—A copy of
your organization’s constitution and bylaws must
be filed electronically with OLMS. Attach the copy
to the Form LM-1 submitted electronically. If your
organization is governed by a uniform constitution
and bylaws prescribed by your organization’s
parent national or international body, your
organization’s parent body may file the constitution
and bylaws on your behalf. If your parent body
files a constitution and bylaws on your behalf,
select YES.
If any officer listed in Item 15 was not elected in a
regular election in accordance with the provisions
of your organization’s constitution and bylaws or
other governing documents, explain in Item 19 the
manner in which the officer was chosen.
16. DUES AND FEES—Enter the dues and fees
established by your organization. If more than one
rate applies, enter the minimum and maximum
rates.
If your parent body does not file a constitution
and bylaws on your behalf, you must complete
4
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.
Enter the date the report was signed, email
address, and the telephone number(s) used by
signatories to conduct official business. You do
not have to report a private, unlisted telephone
number.
the following: select NO; list the governing
documents that you are filing with this report in
the space provided in Item 17; and attach a dated
copy of the governing documents to this report.
Be sure the documents contain the name of your
organization.
PRACTICES AND PROCEDURES ITEM 18
(To be completed by all filers except Federal
employee labor organizations subject solely to the
CSRA or the FSA).
NOTE: Upon registering with OLMS, the
signatories and preparers must enter the email
addresses they use to conduct union business, in
order to file the form via the OLMS Electronic
Forms System. While the email addresses will
not appear on the report, OLMS may use the
email address of the signatories and any
preparers to contact the union concerning
LMRDA compliance.
18. PRACTICES AND PROCEDURES—For
each of Lines (a) through (m), indicate in Column
(1) the page number and section or paragraph
where each practice or procedure is described in
your organization’s constitution and bylaws or
other governing rules filed with OLMS. If the
practices and procedures specified in Lines (a)
through (m) are not described in the constitution
and bylaws or other governing rules filed with
OLMS, select the box in Column (2) and provide
a detailed statement in Item 19, explaining your
organization’s practice or procedure for such
matters.
SELECTED DEFINITIONS FROM THE LABORMANAGEMENT REPORTING AND
DISCLOSURE ACT OF 1959, AS AMENDED
(LMRDA)
“Industry affecting commerce” means any
activity, business, or industry in commerce or in
which a labor dispute would hinder or obstruct
commerce or the free flow of commerce and
includes any activity or industry “affecting
commerce” within the meaning of the Labor
Management Relations Act, 1947, as amended,
or the Railway Labor Act, as amended. (29
U.S.C. 402(c))
In Item 18(g)(1), the reference to
“representatives to other bodies composed of
labor organizations’ representatives” is meant to
include representatives to other labor
organization bodies, such as delegates to the
conventions of the national or international,
delegates to a joint board, joint council, or other
intermediate body, delegates to state or local
central bodies, etc. It is not meant to include
representatives to community or public bodies
such as the Red Cross, the United Way,
government committees, etc.
“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 exists for the purpose, in whole or in part, of
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. (29 U.S.C 402(i))
ADDITIONAL INFORMATION
(To be completed by all filers as
necessary)
19. ADDITIONAL INFORMATION—Use Item 19
to provide additional information as indicated on
Form LM-1 and in these instructions. Enter the
number of the item to which the information
relates in the Item Number column.
SIGNATURES
(To be completed by all filers)
20–21. SIGNATURES—The completed Form LM1 which is filed with OLMS must be signed
electronically by both the president and secretary
or corresponding principal officers of your
organization. This report must bear two (2)
signatures. If the report is signed by an officer
other than the president and/or secretary, so
A labor organization shall be deemed to be
engaged in an industry affecting commerce if
it—
(1) is certified representative of
employees under the provisions of the
National Labor Relations Act, as amended,
5
SELECT DEFINITIONS FROM THE CIVIL
SERVICE REFORM ACT (CSRA)
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
“Labor organization” means an organization
composed in whole or in part of employees, in
which employees participate and pay dues, and
which has as a purpose the dealing with an
agency concerning grievances and conditions of
employment, but does not include—
(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
(A) an organization which, by its
constitution, bylaws, tacit agreement
among its members, or otherwise,
denies membership because of race,
color, creed, national origin, sex, age,
preferential or non- preferential civil
service status, political affiliation, marital
status, or handicapping condition,
(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
(B) an organization which advocates
the overthrow of the constitutional
form of government of the United
States;
(5) is a conference, general committee,
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. (29
U.S.C. 402(j))
(C) an organization sponsored by an agency,
or
(D) an organization which participates in the
conduct of a strike against the
Government or any agency thereof or
imposes a duty or obligation to conduct,
assist, or participate in such a strike. (5
U.S.C. 7103 (a)(4))
NOTE: The definition of “labor organization” for
unions which represent employees of the
Department of State and the United States
Information Agency is contained in section 4102
of the FSA.
“Officer” means any constitutional officer, any
person authorized to perform the functions of
president, vice president, secretary, treasurer,
or other executive functions of a labor
organization, and any member of its executive
board or similar governing body. (29 U.S.C.
402(n))
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 LMRDA
and CSRA reporting requirements.
“Member” or “member in good standing”,
when used in reference to a labor
organization, includes any person who has
fulfilled the requirements for membership in
such organization, and who neither has
voluntarily withdrawn from membership nor
has been expelled or suspended from
membership after appropriate proceedings
consistent with lawful provisions of the
constitution and bylaws of such organization.
(29 U.S.C. 402(o))
Atlanta-Nashville
Boston-Buffalo
Chicago
Cincinnati-Cleveland
Dallas-New Orleans
Denver-St. Louis
Detroit-Milwaukee
Los Angeles
Philadelphia-Pittsburgh
New York
San Francisco-Seattle
Washington
NOTE: Pursuant to section 1209(b) of the
Postal Reorganization Act, the LMRDA is
applicable to labor organizations composed of
U.S. Postal Service employees.
6
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.
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 OLMSPublic@dol.gov.
Revised 01/2022
(Technical Revisions 02/2022)
7
File Type | application/pdf |
File Title | Microsoft Word - LM 1 instructions 10-01-031.doc |
Author | mbresnah |
File Modified | 2022-02-16 |
File Created | 2022-02-16 |