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The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) grants certain rights to union members and protects their interests by promoting democratic procedures within labor organizations. The LMRDA establishes:
The Secretary of Labor enforces certain provisions of the LMRDA and has delegated that authority to the Office of Labor-Management Standards (OLMS) of the Department of Labor’s Employment Standards Administration. Other provisions may only be enforced by union members through a private suit in a federal district court.
Outlined below are the major provisions of the LMRDA.
The LMRDA requires public disclosure of specific financial transactions or arrangements made between an employer and one or more of the following: a labor organization, union official, employee, or labor relations consultant.
Pursuant to Section 203(a) of the LMRDA, every employer who has engaged in any such transaction or arrangement during the fiscal year must file a detailed report with the Secretary of Labor. The Secretary, under the authority of the LMRDA, has prescribed the filing of the Employer Report, Form LM-10, for employers to satisfy this reporting requirement.
These reporting requirements of the LMRDA and of the regulations and forms issued under the Act only relate to the disclosure of specified payments. The reporting requirements do not address whether specific payments, transactions, or arrangements are lawful or unlawful. The fact that a particular payment, transaction, or arrangement is or is not required to be reported does not indicate whether it is or is not subject to any legal prohibition.
A common way for an employer to fall under the LM-10 requirement is paying a labor relations consultant to persuade employees with respect to their bargaining and representation rights. Other situations where an Employer Report, Form LM-10, must be filed by employers, include disclosing: