Olms interpretative Manual

CONTENTS OF ANNUAL REPORT:SIGNATURES-NAMESANDADDRESSESOF ORGANIZATION

214.901LMRDA,SECTION201(b)

Every labor organization shall file annually with the Secretary a financial report signed by itspresidentand treasureror correspondingprincipalofficers.

See Form LM-3 Items 4-9. Instructions for Form. LM-3, same items.SeeFormLM-3, Items57-58. Instructions for LM-3,these items.

(Technical Revisions: Dec. 2016)214.902SEE29CFR403.6

214.905INTERNATIONALOFFICERSSIGNINGFORLOCALS

Reportsundersection201oftheActmustbesignedbythepersonsspecifiedinthesection.

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.

214.910PROPERSIGNATURESWHENOFFICERSCHANGE

The question of which officer is the proper one to sign labor organization reports when alabor organization selects new officers, particularly when the new officers take office in the 90day period 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.

214.920 PROPER OFFICERS TO SIGN REPORTS WHERE THE EXECUTIVE BOARD ISTHEGOVERNING BODY

Where a local labor organization's constitution and bylaws provide for a nine (9) manexecutive board which is the governing body of the labor organization, and allits members areelected by secret ballot, the proper officers to sign a Form LM-1 report are the elected officerswhosefunctionsmostcloselyapproximatethoseofpresidentandsecretary,respectively.

Likewise, the Form LM-2 report shall be signed by the elected officials whose functions mostcloselyapproximate those ofpresident and treasurer.

NOTE: This entry deals with the question of signing reports when the union has no generalofficers but is governed by an executive board. It should not be taken to mean that generalofficersofa unionmay beelectedbysuchaboard.See29CFR452.26.

(TechnicalRevisions:Dec.2016)

214.930FINANCIALSECRETARYASTREASURER

Use of the phrase "or corresponding principal officers" indicates that the reports should besigned by the officers performing the duties normally associated with the officers designated inthe statute. Since large numbers of organizations have officers bearing the titles specified in thestatute who have little knowledge regarding the matters required to be reported, while otherofficers with different titles (e.g., financial secretary) do possess such knowledge, such officersare in a much better position to prepare these reports and certify their correctness.This would bethe situation, for example, where the treasurer acts merely as the repository for the union’s fundswhile the financial secretary is responsible for the union’s financial operations and formaintainingtheunion’sfinancialsoundness.

(TechnicalRevisions:Dec.2016)