Olms interpretative Manual

TRUSTEESHIP REPORTS:TERMINALTRUSTEESHIPREPORT-LM-16

236.002SEE29CFR403.5,408.7,408.8

SeeInstructionsforLM-15,“OtherReportsRequired.”

236.100DECERTIFICATION

The decertification of a local union as the bargaining agent with the employer does notconstitute any basis for assuming that the trusteeship has been terminated.The trusteeship maybe continued until such time as any litigation with regard to the local’s treasury is resolved.Ofcourse, the international will be required to submit semiannual reports during the pendency ofthe trusteeship. Formal dissolution of the union would normally constitute a termination of thetrusteeship.

UNION OFFICER AND EMPLOYEE REPORTSINGENERAL

1. 
   LMRDA,SECTION202
   

1. 
   Every officer of a labor organization and every employee of a labor organization (otherthan an employee performing exclusively clerical or custodial services) shall file with theSecretaryasignedreportlistinganddescribingforhisprecedingfiscalyear–
   

1. 
   any stock, bond, security, or other interest, legal or equitable, which he or hisspouse or minor child directly or indirectly held in, and any income or any otherbenefit with monetary value (including reimbursed expenses) which he or hisspouse or minor child derived directly or indirectly from, an employer whoseemployees such labor organization represents or is actively seeking to represent,except payments and other benefits received as a bona fide employee of suchemployer;
   

2. 
   any transaction in which he or his spouse or minor child engaged, directly orindirectly, involving any stock, bond, security, or loan to or from other legal orequitable interest in the business of an employer whose employees such labororganizationrepresents or isactivelyseekingtorepresent;
   

3. 
   any stock, bond, security, or other interest, legal or equitable, which he or hisspouse or minor child directly or indirectly held, and any income or any otherbenefit with monetary value (including reimbursed expenses) which he or hisspouse or minor child directly or indirectly derived from, any business asubstantial part of which consists of buying from, selling or leasing to, orotherwise dealing with, the business of an employer whose employees such labororganizationrepresents or isactivelyseekingtorepresent;
   

4. 
   any stock, bond, security, or other interest, legal or equitable, which he or hisspouse or minor child directly or indirectly held in, and any income or any otherbenefit with monetary value (including reimbursed expenses) which he or hisspouse or minor child directly or indirectly derived from, a business any part ofwhich consists of buying from, or selling or leasing directly or indirectly to, orotherwisedealing withsuchlabor organization;
   

5. 
   any direct or indirect business transaction or arrangement between him or hisspouseorminorchildand anyemployerwhoseemployees hisorganization
   

represents or is actively seeking to represent, except work performed andpayments and benefits received as a bona fide employee of such employer andexcept purchases and sales of goods or services in the regular course of businessatprices generally available toanyemployeeofsuchemployer;and

6. 
   any payment of money or other thing of value (including reimbursed expenses)which he or his spouse or minor child received directly or indirectly from anyemployer or any person who acts as a labor relations consultant to an employer,except payments of the kinds referred to in section 302(c) of the LaborManagementRelationsAct,1947,asamended.
   

2. 
   The provisions of paragraphs (1), (2), (3), (4), and (5) of subsection (a) shall not beconstrued to require any such officer or employee to report his bona fide investments insecurities traded on a securities exchange registered as a national securities exchangeunder the Securities Exchange Act of 1934, in shares in an investment companyregistered under the Investment Company Act of 1940, or in securities of a public utilityholding company registered under the Public Utility Holding Company Act of 1935, or toreportanyincome derivedtherefrom.
   

3. 
   Nothing contained in this section shall be construed to require any officer or employee ofa labor organization to file a report under subsection (a) unless he or his spouse or minorchild holds or has held an interest, has received income or any other benefit withmonetaryvalueoraloan,or has engaged in a transactiondescribedtherein.
   

2. 
   SEE29CFR404
   

240.100FORMOFREPORT;SPECIALREPORTSSee29 CFR 404.3.

(TechnicalRevisions:Dec.2016)

240.200UNIONOFFICERSBASEDOUTSIDETHEUNITEDSTATES

While the Department takes the position that the reporting provisions of the LMRDA arelimited to “activities of persons or organizations within the territorial jurisdiction of the UnitedStates,” its application in any particular case will depend on whether there is a substantialrelationship between the transactions in question and United States property or interests whicharethe objects of the Act’s protection.

For example, there would ordinarily notbe sufficient relationship to require reporting wherean officer of a foreign local has a financial interest in a foreign company with which the localdeals, although the officer may on occasion perform official union business in the United Statessuch as attending an international conference or convention.However, a foreign member of aninternationalexecutiveboard,whoparticipatesintheboard’smeetingsintheUnitedStates,maywell be required to report otherwise reportable holdings in a United Statescompany with whichtheinternationaldeals,eventhoughhisprincipalofficeisinaforeigncountry.

In other words, each case would require evaluation of the substantiality of the official’scontactswiththe UnitedStatesand oftheimpactonUnitedStatesinterests.