Olms interpretative Manual

CONTENTSOFLM-1REPORT:BARGAINING

206.401LMRDA,SECTION201(a)(5)(J)

. . . authorization for bargaining demands, . .NOTE:LM-lItem18(J)coverssection201(a)(5)(J).

CONTENTS OF LM-1 REPORT:RATIFICATIONOFCONTRACT

206.501LMRDA,SECTION201(a)(5)(K)

.. . ratification of contractterms , . . .

NOTE:LM-1,Item18(K)covers section201(a)(5)(K).

206.505VOTINGUPONCOLLECTIVEBARGAININGAGREEMENTS

There is nothing in the Act which regulates the procedures unions must follow in voting uponcollective bargaining contracts.However, section 201(a)(5)(J) and (K) does require, as part ofthe labor organization information report, a detailed statement or references to specificprovisions of documents containing detailed statements showing the provisions made andprocedures followed with respect to authorization for bargaining demands and ratification ofcontractterms.

CONTENTS OF LM-1 REPORT:AUTHORIZATIONOFSTRIKES

206.601LMRDA,SECTION201(a)(5)(L)

..authorizationforstrikes,.. .

NOTE: LM-1, Item 18 (L) covers section 201 (a)(5)(L).206.605
ThereisnospecificprovisionintheActrespectingthemannerinwhichstrikevotesmaybetaken.However, section 201(a)(5)(L) does require as part of the report under section 201, adetailed statement or references to specific provisions of documents showing the provisionsmadeand procedure followed withrespecttoauthorizationforstrikes.
Apart from the requirement in the National Emergencies provisions of the Taft-Hartley Act,which calls for a last-offer secret ballot conducted by the National Labor Relations Board, noFederallegislationisnowineffectwhichimposesasecretstrikevoteuponunionsinthisarea.

CONTENTS OF LM-1 REPORT:ISSUANCEOFWORKPERMITS

206.701LMRDA,SECTION201(a)(5)(M)

...issuance of workpermits. . .

NOTE:LM-1,Item18(M)coverssection201(a)(5)(M).

206.705"REFERRAL”OR"HIRINGHALL"SYSTEMSUNDER201(a)(5)(M)

The United States District Court for the Northern District of Alabama has said that referralslips used in a union hiring hall system amount to "work permits" within the meaning of section201(a)(5)(M) of LMRDA. The Court found that a reference to a provision in a union'sconstitution which deals with transfers of members from one local union to another and themeans by which such transferred members obtain permission to work is not sufficientlyresponsive to the requirement, under section 201(a)(5)(M), that the union provide "detailedstatements"aboutthe"issuanceofworkpermits,"whentheunionalsohasa"referral”or"hiringhall" system under which the union regularly receives requests from employers to furnish themwith employees for the kind of jobs customarily done by members of the union. This latterinformationmust also be included underItem18(M) of the FormLM-1.

Allenv.Local92,InternationalAssociationofBridge,Structural,andOrnamentalIronWorkers,47LRRM 2214(N.DAla.1960).

(TechnicalRevisions:Dec.2016)