OLMS administers and enforces most provisions of the labor-management reporting and disclosure Act. OLMS ensures compliance with the provisions of The LMRDA in four ways.
OLMS administers and enforces most provisions of the labor-management reporting and disclosure Act. OLMS ensures compliance with the provisions of The LMRDA in four ways.
OLMS administers and enforces most provisions of the labor-management reporting and disclosure Act. OLMS ensures compliance with the provisions of The LMRDA in four ways.
The Office of Labor-Management Standards In addition, at www.union-reports.dol.gov, you can
(OLMS) of the U.S. Department of Labor’s view, print, and order reports filed by unions, Employment Standards Administration administers employers, and labor relations consultants, and and enforces most provisions of the Labor- search the union annual financial reports for key data Management Reporting and Disclosure Act items. (LMRDA). The LMRDA was enacted to ensure basic standards of democracy and fiscal Compliance Audits responsibility in private sector labor organizations. To audit local unions, OLMS employs a streamlined Unions representing U.S. Postal Service employees audit approach called the Compliance Audit Program are also subject to the LMRDA. Federal employee (CAP), which uses specialized records review and unions are subject to similar standards under the investigative techniques to verify LMRDA Civil Service Reform Act of 1978 and the Foreign compliance. A companion program, the International Service Act of 1980. Compliance Audit Program (I-CAP), is used to audit national and international unions. CAP and I-CAP OLMS also protects mass transit employees under allow OLMS to provide compliance assistance to the Federal Transit Law. In addition, OLMS union officials to help them correct problems administers Executive Order 13201, which requires detected during audits and to help prevent future government contracts and subcontracts to include an violations. employee notice clause requiring non-exempt federal contractors and subcontractors to post notices Investigations informing their employees that they have certain OLMS staff members conduct investigations to rights related to union membership and use of union detect violations of the LMRDA. Investigations are dues and fees under federal law. initiated based on various sources such as complaints from union members, information developed by What are the major provisions of the OLMS as a result of reviewing reports filed, LMRDA? information developed during an OLMS audit of a • “Bill of Rights” for union members union’s records, information from other government • Requirements for reporting and disclosing agencies, and information from union officials. financial information and administrative practices Investigations may involve civil matters, such as an • Requirements for reporting and disclosure by election of union officers, or criminal matters, such employers, labor relations consultants, union as embezzlement of union funds. officers and employees, and surety companies, when they engage in certain activities OLMS initiates investigations of regularly scheduled • Rules for establishing and maintaining trusteeships union officer elections upon receipt of a timely filed • Standards for conducting fair elections of union complaint from a union member protesting the officers election. If an investigation discloses violations of • Safeguards for protecting union funds and assets the LMRDA which may have affected the outcome of the election, OLMS gives the union an How does OLMS ensure compliance with the opportunity to correct the violations through LMRDA? voluntary compliance, usually by rerunning the OLMS ensures compliance with the provisions of the challenged election under OLMS supervision. If LMRDA in four ways: warranted, OLMS may take legal action to set aside the challenged election and require a new election Public Disclosure of Reports under OLMS supervision. Unions subject to the LMRDA must file with OLMS an initial information report (Form LM-1) and copies OLMS conducts embezzlement investigations to of their constitution and bylaws. In addition, unions protect and safeguard union funds and assets. OLMS must file annual financial reports (Form LM-2, must refer information it uncovers regarding possible LM-3, or LM-4). Employers, labor relations embezzlement violations by union officers or consultants, union officers and employees, and employees to the U.S. Attorney, who decides if surety companies are required to file reports under criminal prosecution is warranted. Persons who have certain circumstances. All of these reports are public been convicted of embezzlement or certain other information and are available from OLMS. crimes specified by the LMRDA may not hold union office or employment for up to 13 years after the How does OLMS protect mass transit conviction or after the end of imprisonment. employees? When federal funds are used to acquire, improve, or Education and Compliance Assistance operate a transit system, federal law requires OLMS encourages union officials and members, as protection of the rights of affected mass transit well as others affected by the LMRDA, to contact employees. OLMS ensures that fair and equal the agency to discuss problems, file complaints, or arrangements are in place before the Federal Transit get information about the LMRDA. In addition, Administration can release funds to grantees. OLMS promotes voluntary compliance with the LMRDA by informing union officers and others of The requirement to protect mass transit employees is their responsibilities and by encouraging union contained in the Federal Transit Law, Section members to exercise their rights. Each year OLMS 5333(b) of Title 49 U.S. Code (formerly Section conducts many educational activities, ranging from 13(c) of the Federal Transit Act). The law requires one-on-one meetings with union officers to statewide the following employee protection arrangements: seminars for hundreds of union officials. • Preservation of rights and benefits under existing collective bargaining agreements The agency also offers assistance to meet the special • Continuation of collective bargaining rights needs of union members, employers, consultants, • Protection of individual employees against a and the general public through the following worsening of their positions related to employment activities: • Assurances of employment to employees of • Publishes and distributes explanatory pamphlets acquired transit systems that emphasize voluntary compliance with the • Priority of reemployment LMRDA and outline the law’s requirements. • Paid training or retraining programs • Posts compliance assistance information, including frequently asked questions and PowerPoint Employees who believe they have been adversely presentations, on the OLMS Web site at affected as a result of federal transit assistance may www.olms.dol.gov. file a claim. For more information on this topic, • Conducts seminars and workshops about the law in contact us at olms-public@dol.gov or call (202) general or about specific areas such as election 693-0126. procedures or completion of reporting forms required by the LMRDA. How can I get more information about OLMS? • Works with international union officials to correct or prevent LMRDA violations such as delinquent Additional information is available on the OLMS Web reporting and inadequate bonding by affiliates. site at www.olms.dol.gov by sending a message to olms-public@dol.gov, by calling the DOL Help Line • Participates in union conventions by providing at 1-866-487-2365, or by contacting an OLMS district displays, giving speeches, taking part in panel office. discussions, and conducting workshops.
OLMS Field Offices
Staff is available to answer questions about the LMRDA at OLMS offices in the following cities: Atlanta, GA Dallas, TX Indianapolis, IN Nashville, TN St. Louis, MO Birmingham, AL Denver, CO Kansas City, MO New Haven, CT San Francisco, CA Boston, MA Detroit, MI Las Vegas, NV New Orleans, LA Seattle, WA Buffalo, NY Grand Rapids, MI Los Angeles, CA New York, NY Tampa, FL Chicago, IL Guaynabo, PR Miami, FL Newark, NJ Washington, DC Cincinnati, OH Honolulu, HI Milwaukee, WI Philadelphia, PA Cleveland, OH Houston, TX Minneapolis, MN Pittsburgh, PA For the address and telephone number of our field offices, please consult local telephone directory listings under United States Government, Labor Department, Office of Labor-Management Standards, or view our online organizational listing at http://www.dol.gov/esa/contacts/olms/lmskeyp.htm.
U.S. Department of Labor
Employment Standards Administration Office of Labor-Management Standards 2005
File 4 - Collective Bargaining - Topic 9 - Strike-Last and Final Recourse - The Philippine Airlines Employees Association (PALEA) Case - Almazan, Angelo A. - 2021-1