Changes to Union Officials Form LM-30 Reporting Requirements

The DOL announced changes to Form LM-30—the form that implements section 202 of the Labor-Management Reporting and Disclosure Act of 1959 (the LMRDA)—that requires officers and employees of unions to publicly disclose possible conflicts between their personal financial interests and their duty to the labor union and its members.   Form LM-30 is designed to divulge conflicts, including those related to transactions with employers that employ union members represented by the reporting party.  If you have a union shop, take a minute to familiarize yourself with the rule—the purpose of the reporting is to disclose (i.e. reporting does not equal illegality) not only will you better understand your local Union Officer’s reporting requirements, its always good to be informed of when your company might appear on a form submitted to the DOL.

The form underwent a major revision in 2007.  Citing a need to better balance the benefits of disclosure with the burden placed on those required to report under the LMRDA.  The DOL received a mixed bag of public comment, several comments criticized the changes as reducing the reporting transparency.  The changes certainly simplify the reporting process, it remains to be seen if they also reduce transparency.

The rule implements five changes to the Form LM-30 reporting requirements:

(1) the elimination of reporting of union leave and no docking payments, and, more broadly, a revised interpretation of the bona fide employee exception;

(2) the removal from coverage of individuals serving as union stewards or in similar positions representing the union, such as a member of a safety committee or a bargaining committee;

(3) the elimination of reporting for certain bona fide loans and other financial transactions on Parts A and B of the form;

(4) the limitation on reporting of payments from employers competitive to the represented employer, certain trusts, and unions; and

(5) a revision of the reporting required of national, international, and intermediate union officers and employees.

The change is effective Nov. 25, 2011, and applies to reports required to be filed in fiscal years beginning on or after Jan. 1, 2012.  View the press release or the rule.  Here is information on who is required to file Form LM-30.

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