Olms interpretative Manual

WHENMEMBERCANSUETOENFORCERIGHT

276.005EXHAUSTION OFREMEDIES

The right to sue for inspection of union books and records under section 201(c) is not subjectto the limitation of prior exhaustion of internal union remedies contained in section 101(a)(4) ofthe Act.To hold otherwise would defeat the purposes of section 201(c).It should also be notedthat the rights and remedies of section 201(c) and 101(a)(4) are of a fundamentally differentnature.

Coratellav. Roberto, 56 LRRM 2668 (D. Conn. 1964).But seePierce v. Bahr, 1996 WL33675196, at *3 (D.D.C. May 9, 1996) (holding that under section 101(a)(4) of the LMRDA, aunion member seeking to examine union financial books and records, under section 201(c), hasan obligation to exhaust reasonable union hearing procedures before seeking relief from thecourt),

(Revised:Dec.2016)

PUBLICDISCLOSUREINGENERAL

1. 
   LMRDA,SECTION205
   

1. 
   The contents of the reports and documents filed with the Secretary pursuant to section201, 202, and 203 shall be public information, and the Secretary may publish anyinformation and data which he obtains pursuant to the provisions of this title.TheSecretary may use the information and data for statistical and research purposes, andcompile and publish such studies, analyses, reports, and surveys based thereon as he maydeemappropriate.
   
2. 
   The Secretary shall by regulation make reasonable provision for the inspection andexamination, on the request of any person, of the information and data contained in anyreportor other document filed with himpursuant to sections 201, 202, or 203.
   
3. 
   The Secretary shall by regulation provide for the furnishing by the Department of Laborof copies ofreports orother documents filed withtheSecretary pursuant tothis title,upon payment of a charge based upon the cost of the service.The secretary shall makeavailable without payment of a charge, or require any person to furnish, to such Stateagency as it designated by law or by the Governor of the State in which such person hashis principal place of business or headquarters, upon request of the Governor of suchState, copies of any reports and documents filed by such person with the Secretarypursuant to sections 201, 202, or 203, or of information and data contained therein.Noperson shall be required by reason of any law of any State to furnish to any officer oragency of such State any information included in a report filed by such person with theSecretary pursuant to the provisions of this title, if a copy of such report, or of the portionthereof containing such information, is furnished to such officer or agency.All moneysreceivedin apayment of suchcharges fixedbytheSecretarypursuanttothissubsection
   

shallbedepositedinthegeneralfundoftheTreasury.

280.002See29 CFR 402.12, 403.10,404.8, 405.10. 406.9, 408.12

3. 
   REPORTSAVAILABLEFROMOLMS
   

The reports filed pursuant to the LMRDA are public information and are available fromthe Office of Labor-Management Standards.Pursuant to 29 C.F.R. §70.53, these reports arepublic records and, as such, individuals can exercise the right to examine any such reports at,and/or purchase copies from, the OLMS through its Internet Public Disclosure Room atwww.unionreports.govand its Public Disclosure room at: U.S. Department of Labor, Office ofLabor-Management Standards, 200 Constitution Avenue, NW, Room N-1519, Washington, DC20210.The telephone number is [phone], and the fax number is [phone].Anyperson may inspect these reports or may purchase copies for 15 cents per page; requests for 30 orfewer pages are provided free of charge.

Freedom of Information Act (FOIA) requests for public records that are availablepursuant to 29 C.F.R. §70.53 are considered improper requests.The Public Disclosure room willprovide the documents to requestors, if they exist, if the requestor is unable to locate them on thewebsite.

(Revised:Dec.2016)

3. 
   PUBLICUSEOFMATERIALINREPORTS
   

Section 205 of the Act makes reports and documents filed with the Secretary of Laborpursuant to Title II public information.Any person has the right to obtain copies of such reportsupon payment of the prescribed fees.The Department of Labor has no authority over thesubsequentuseofanysuchreportsanddocuments.