Olms interpretative Manual

TRUSTEESHIP REPORTS:SEMIANNUALTRUSTEESHIPREPORT-LM-15

233.001LMRDA,SECTION301(a)

Every labor organization which has or assumes trusteeship over any subordinate labororganization shall file with the Secretary within thirty days after the date of the enactment of thisActortheimpositionofanysuchtrusteeship,andsemiannuallythereafter,areport...

233.002SEE29CFR408.4

233.005SEEINSTRUCTIONSFORLM-15A

TRUSTEESHIP REPORTS:INFORMATIONANDFINANCIALREPORTS

FORTRUSTEEDUNIONSLM-2-LM-46

235.001LMRDA,SECTION301(a)

During the continuance of a trusteeship the labor organization which has assumed trusteeshipover a subordinate labor organization shall file on behalf of the subordinate labor organizationthe annual financial report required by section 201(b) signed by the president and treasurer orcorresponding principal officer of the labor organization which has assumed such trusteeship andthetrusteesofthesubordinatelabororganization.

See Instructions for LM-15, “Other Reports Required.”235.002SEE29CFR403.2(c),408.5,408.6.
235.005PERIODCOVERED

Aninternational labor organizationimposed atrusteeshipoveroneofitslocalsonMarch1.

The local in question has a fiscal year ending December 31.The international did not takecontrol of the local’s finances until June 1.The trusteeship was lifted on September 30 of thatsame year.The local labor organization officers submitted an LM-2 covering the period January1to February28although no suchpartial reportwasrequiredfromthe localofficers.

Since the trusteeship was imposed on March 1, the international is required to cover in itsterminal financial report the finances of the local from the beginning of the local’s fiscal year(January 1) to the date of termination of the trusteeship.However, since the local’s officers fileda report covering the period January 1 through February 28, the international’s terminal financialreport may cover theperiod of March 1through September 30. The factthattheinternationaldid not take control of the local’s finances until June 1 is irrelevant as the trusteeship wasimposedon March 1.

235.100RESPONSIBILITYFORDELINQUENTREPORTS

Section 301(a) of LMRDA requires that during the continuance of a trusteeship the labororganization which has assumed trusteeship over a subordinate labor organization shall file theannual financial report required by section 201(b) of the Act on behalf of the subordinate labororganization.

Where a local fails to file a financial report within 90 days after the end of its reporting yearand such local subsequently has a trusteeship imposed over it, the responsibility for filing suchfinancial report falls upon the international.The application of this requirement is not to beviewed as assigning retroactive responsibility to the international for the local’s failure to file.The filing of the annual report is a continuing obligation and since it is unfulfilled, theinternationalhas assumed the statutory duty offilingby virtue of imposing the trusteeship.