Olms interpretative Manual

CONTENTSOFLM-1REPORT:SIGNATURES

206.801LMRDA,SECTION201(a)

Every labor organization shall adopt a constitution and bylaws and shall file a copy thereofwith the Secretary, together with a report, signed by its president and secretary or correspondingprincipal officers,…

206.802PERSONALRESPONSIBILITYOFSIGNATORIESOFREPORTSSEE29CFR402.8

(TechnicalRevisions:Dec.2016)

206.805INTERNATIONALOFFICERSSIGNINGFORLOCALS

Reports under section 201 of the Act must be signed by the persons specified in the section.There is no exception permitting international representatives to sign reports for local unions,although the Act does not preclude them from assisting local officers in the preparation of thesereports.

206.810PROPERSIGNATURESWHENOFFICERSCHANGE

The question of which officer is the proper one to sign labor organization reports when a labororganization selects new officers, particularly when the new officers take office in the 90 dayperiod following the end of the labor organization's fiscal year, is left to the discretion of thelabor organization. In the absence of a union rule or determination specifying which officers areto sign the report, we should proceed on the assumption that the current officers should sign thereport.

206.820 PROPER OFFICERS TO SIGN WHERE THE EXECUTIVE BOARD IS THEGOVERNINGBODY

SeeManualEntry214.920andNotefollowing.

SeealsoInstructionsforUseofLM-1,“WhoMustFile.”

CHANGESOFINFORMATIONONLM-1REPORT

1. 
   LMRDA,SECTION201(a)(5)
   

Any change in the information required by this subsection shall be reported to the Secretary atthe time the reporting labor organization files with the Secretary the annual financial reportrequiredbysubsection(b).

See Instructions for Item 18 on Form LM-2, Item 21 on Form LM-3, and Item 9 on Form LM-4.(TechnicalRevisions:Dec.2016)

2. 
   SUBSEQUENTREPORTSSee29CFR402.4
   

(TechnicalRevisions:Dec.2016)

208.005CHANGEINCONSTITUTIONORBYLAWS

Section 201(a)(5) of the Act and section 402.4 of the regulations require that a union whichrevises the most recent constitution and bylaws it has filed with the Office of Labor-ManagementStandards must file two dated copies of its revised constitution and bylaws at the time it files itsannual financial report.However, a union which has a uniform constitution and bylawsprescribed by its parent national or international union is not required to file a copy of a reviseduniformconstitution andbylaws ifits parent body files copies.

Section 201(a)(5) of the Act and section 402.4 of the regulations require that a union whichchanges the practices and procedures for which separate statements must be filed on Form LM-1must file an amended Form LM-1 when it files its annual financial report to update theinformationsubmitted on its previous FormLM-1.
When a union is not governed by a uniform constitution and bylaws prescribed by a parentnational or international union, but the union is required by that parent union to make changes inits constitution or bylaws, the union must file the newly revised constitution and bylaws with itsannual report. See Form LM-2 Instructions, Item 18; Form LM-3 Instructions, Item 21; andFormLM-4 Instructions, Item9.
(Revised:Dec.2016)

208.100CHANGEOFOFFICERS

Information with regard to change of officers is reported in the Labor Organization AnnualReport (Form LM-2) in Schedule 11 where all officers of the labor organization during theperiod covered by the report must be listed, together with a code indicating if they left officeduring the period, continued in office throughout the period, or newly assumed office during theperiod.

When a labor organization uses Form LM-3, this information must be supplied in Item 24.(TechnicalRevisions:Dec.2016)