Olms interpretative Manual

PAYMENTTOCONSULTANT

258.001LMRDA,SECTION203(a)(5)

. . . any payment (including reimbursed expenses) pursuant to an agreement or arrangementdescribedinsubdivision(4);...

258.005EMPLOYERASSOCIATIONS

Employers who are members of an employer association must report money paid to such anassociation only if the association undertakes to perform any of the activities set forth in section203(a)(4)and(5)oftheAct.

An employer association whose purpose is to represent, aid and advise its members inconnection with labor problems and to negotiate and arbitrate grievances under agreements withlabor organization must file a report if, in carrying out its responsibilities, it undertakes any oftheactivitiessetforthinsection203(b) ofthe Act.

When the association undertakes to assist employers in presenting their point of view toemployees in connection with organizational activities by labor organization, and this assistanceinvolves persuading employees to exercise or not exercise, or as to the manner of exercising theirrightstoorganizeorbargain collectively,theemployerassociationmustfileareport.

EMPLOYERREPORTFORM-LM-10

259.001LMRDA,SECTION203(a)

... shallfilewiththe Secretaryareport,inaformprescribedbyhim,signedbyitspresidentand treasurer or corresponding principal officers showing in detail the date and amount of eachsuch payment, loan, promise, agreement, or arrangement and the name, address, and position, ifany, in any firm or labor organization of the person to whom it was made and a full explanationof the circumstances of all such payments, including the terms of any agreement orunderstandingpursuanttowhichtheyweremade.

259.002See29 CFR 405.3,405.4, 405.6, 405.2

259.005PROPEROFFICIALSREQUIREDTOSIGNEMPLOYERREPORTS

A vice president and assistant treasurer of a plant distant from the main office of acorporation requested that they be permitted to sign employer reports with respect to that plantsincetheywereinabetterpositiontoverifythefactscontainedinthereport.

Section 203(a) of LMRDA specifically requires the president and treasurer orcorrespondingprincipalofficersofthereportingorganizationtosignemployerreports.

In view of the specific requirement of the Act, it is our position that reports required bysection 203(a) must be signed by the officer named in the Act or by that principal officer whomostnearlycorrespondstothenamed officerwithoutregard to titles.

Accordingly, a report signed by the vice president and assistant treasurer would not beproperlyexecuted.

259.100CERTIFICATIONREQUIREDININDIVIDUALPROPRIETORSHIP

Reports submitted by individual proprietors pursuant to section 203 may be signed bysuch individual proprietor, since he corresponds to the president and treasurer of the organizationor by the person or persons who actually perform the duties of president and treasurer or areauthorizedto do so.

If the Form LM-10 is signed by someone other than the actual owner, the followingcertificationwillberequired:

“I perform the principal executive functions corresponding to those of thepresident and treasurer, or I am authorized to perform such functions.I am aware of the section209(d) provision of the Labor-Management Reporting and Disclosure Act of 1959 regardingfalse reporting.”