Olms interpretative Manual

WHOMUSTFILE

202.001DEFINITIONOF"LABORORGANIZATION"

SeeManualEntry030.601fffordefinitionoftheterm"labororganization”insection3(i)oftheActandfordiscussionofcoverage.

202.005FOREIGNLOCALS

Foreignlocalsdonothavetosubmit reportsrequiredbysection201ofthe Act.

*202.010CONSOLIDATEDLOCAL

Where two local unions consolidate under a new charter but retain the same members andassets as the former separate organizations, the consolidated local is considered a new labororganization which must file the reports required by section 201. The initial information reporton Form LM-1 is due within ninety days after the consolidation takes effect, and annual reportsmust be filed ninety days after the end ofthe fiscal year of the new organization.

Further, each organization which loses its identity through the consolidation must file aterminalreport withinthirty days oftheeffectivedateofsuchlossofidentity.
See29 CFR 402.2, 402.5, 403.2and 403.5, and ManualEntries203.001ffand212.100ff.

May,1973

TIMEANDPLACETOFILEINITIALREPORTSANDTERMINALINFORMATIONREPORTS

INITIALREPORTS

203.001LMRDA,SECTION207(a)

Each labor organization shall file the initial reports required under section 201(a) within ninetydaysafterthedateonwhichitfirstbecomessubjectto this Act.

203.002SEE29CFR402.2,402.3.

5. 
   EFFECTIVEDATEFORINITIALREPORT
   

Section 207(a) of the Act requires a labor organization to file its initial report within 90 daysafter becoming subject to the Act. Thus, once a group has taken one of the steps subjecting it tothe Act (e.g., electing provisional officers) it should adopt a constitution and bylaws as quicklyas possible and file it with the Secretary not later than 90 days after taking the action whichmakes it subject to the Act. Similarly, an LM-1 should be filed with as much information as ispossible with a statement attached indicating that the group is newly formed and that thereforesomeofthequestionsarenotapplicableorimmediatelyanswerable.

5. 
   ELECTRONICFILING
   

Electronic Forms System (EFS) is the Office of Labor-Management Standards’ (OLMS) web-based reporting system for filing electronic reports. Specifically, the labor organizationinformation report Form LM-1, the labor organization annual Forms LM-2, LM-3, and LM-4reports, the Form LM-30 Labor Organization Officer and Employee report, the Form LM-10Employer report, and the Form LM-20 and LM-21 labor relations consultant reports can be filedelectronically. As of January 1, 2021, all of the preceding forms must be filed electronically withthe exception of the Form LM-30. A link to the EFS can be found athttps://www.dol.gov/agencies/olms/reports/electronic-filing.

(Jan. 2021)