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$ 403.2

Annual financial report. (a) Every labor organization shall, as prescribed by the regulations in this part, file with the Director, Office of LaborManagement and Welfare-Pension Reports, United States Department of Labor, Washington, D.C., 20210, within 90 days after the end of each of its fiscal years, a financial report signed by its president and treasurer, or corresponding principal officers, together with a true copy thereof.

(b) Every labor organization shall include in its annual financial report filed as provided in paragraph (a) of this section, in such detail as may be necessary accurately to disclose its financial condition and operations for its preceding fiscal year and in such categories as presoribed by the Labor-Management Services Administrator under the provisions of this part, the information required by section 201(b) of the Act and found by the Labor-Management Seryices Administrator under section 208 thereof to be necessary in such report.

(c) If, on the date for filing the annual financial report of a labor organization required under section 201(b) of the Act and this section, such labor organization is in trusteeship, the labor organization which has assumed trusteeship over such labor organization shall file such report as provided in § 408.5 of this chapter. § 403.3 Form of annual financial re

port-detailed report. Every labor organization shall, except as expressly provided otherwise in this part, file an annual financial report as required by $ 403.2, prepared on United States Department of Labor Form LM-2 (Revised), “Labor Organization Annual Report,” in the detail required by the instructions accompanying the form and constituting a part thereof. & 403.4 Simplified annual report form

for smaller labor organizations. If a labor organization, not in trusteeship, has gross annual receipts totalling less than $30,000 for its fiscal year, it may elect, subject to revocation of the privileges as provided in section 208 of the Act, to file the annual financial report called for in section 201(b) of the Act and $ 403.3 of this part on United States Department of Labor Form LM-3 (revised) entitled “Labor Organization Annual Report (Revised),” in accordance

with the instructions accompanying such form and constituting a part thereof. § 403.5 Terminal financial report.

(a) Any labor organization required to file a report under the provisions of this part, which during its fiscal year loses its identity as a reporting labor organization through merger, consolidation, or otherwise, shall, within 30 days after such loss, file a terminal financial report, and one copy, with the Director, Office of Labor-Management and Welfare-Pension Reports, United States Department of Labor, Washington, D.C., 20210, on Form LM-2 (Revised) or Form LM-3 (Revised), as may be appropriate, signed by the president and treasurer or corresponding principal offices of the labor organization immediately prior to the time of its loss of reporting identity.

(b) Every labor organization which has assumed trusteeship over

a subordinate labor organization shall file within 90 days after the termination of such trusteeship on behalf of the subordinate labor organization a terminal financial report, and one copy, with the Director, Office of Labor-Management and Welfare-Pension Reports, at the place aforesaid, on Form LM-2 (Revised) and in conformance with the requirements of this part.

(c) For purposes of the reports required by paragraphs (a) and (b) of this section, the period covered thereby shall be the portion of the labor organization's fiscal year ending on the effective date of its loss of reporting identity, or the portion of the subordinate labor organization's fiscal year ending on the effective date of the termination of trusteeship over such subordinate labor organization, as the case may be. § 403.6 Personal responsibility of signa.

tories of reports. Each individual required to sign a report under section 201(b) of the Act and under this part shall be personally responsible for the filling of such report and for any statement contained therein which he knows to be false. § 403.7 Maintenance and retention of

records. Every person required to file any report under this part shall maintain records on the matters required to be reported which will provide in suficient detail the necessary basic information and data from which the documents filed with the Office of Labor-Management and Welfare-Pension Reports may be verified, explained or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than five years after the filing of the documents based on the information which they contain. 8 403.8 Dissemination and verification

of reports. Every labor organization required to submit a report under section 201(b) of the Act and under this part shall make available to all its members the information required to be contained in such reports, and every such labor organization and its officers shall be under a duty to permit such member for just cause to examine any books, records, and accounts necessary to verify such report. $ 403.9 Attorney-client communications

exempted. Nothing contained in this part shall be construed to require an attorney who is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of section 201(b) of the Act, and of this part, any information which was lawfully communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship. $ 403.10 Publication of reports required

by this part. For provisions related to this subject see $ 2.4 of this title.

63 (28 F.R. 9172), and Secretary's Order No. 25–63 (28 F.R. 9173).

SOURCE: The provisions of this Part 404 appear at 28 F.R. 14384, Dec. 27, 1963, unless otherwise noted. $ 404.1 Definitions.

As used in this part the term:

(a) (1) “Fiscal year” means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts of the labor organization officer or employee are kept. Where a labor organization officer or employee designates a new fiscal year period prior to the expiration of a previously established fiscal year period, the resultant period of less than 12 consecutive calendar months, and thereafter the newly established fiscal year, shall in that order constitute the fiscal year for purposes of the reports required to be filed by section 202(a) of the Act and the regulations in this part.

(2) A labor organization officer or employee who is subject to section 202(a) of the Act for only a portion of his fiscal year because the labor organization officer or employee first becomes subject to the Act during such fiscal year, may consider such portion as the entire fiscal year in making this report under this part.

(b) “Labor organization officer" means any constitutional officer, any person authorized to perform the functions of president, vice president, secretary, treasurer, or other executive functions of a labor organization, and any member of its executive board or similar governing body.

(c) “Labor organization employee" means any individual (other than an individual performing exclusively custodial or clerical services) employed by a labor organization.

(d) “Employer" means any employer or any group or association of employers engaged in an industry affecting commerce (1) which is, with respect to employees engaged in an industry affecting commerce, an employer within the meaning of any law of the United States relating to the employment of any employees or (2) which may deal with any labor organization concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work, and includes any person acting directly or indirectly as an employer or as an agent of an employer in relation to an employee but does not include the United States or any corporation wholly

PART 404-LABOR ORGANIZATION

OFFICERS AND EMPLOYEES RE-
PORT

Sec. 404.1 Definitions. 404.2 Annual report. 404.3 Form of annual report. 404.4 Special report. 404.5 Attorney-client communications ex

empted. 404.6 Personal responsibility of signatories

of reports. 404.7 Maintenance and retention of records. 404.8 Publication of reports required by this

part. AUTHORITY: The provisions of this part 404 issued under secs. 202, 208, 73 Stat. 525, 529; 29 U.S.C. 432, 438; Secretary's Order No. 24

owned by the Government of the United States or any State or political subdivision thereof. § 404.2 Annual report.

Every labor organization officer and employee who in any fiscal year has been involved in transactions of the type described in section 202(a) of the Act, or who holds or has held any interest in an employer or a business of the type referred to therein, or who has received any payments of the type referred to in that section, or who holds or has held an interest in or derived income or economic benefit with monetary value from a business any part of which consists of dealing with a trust in which his labor organization is interested, or whose spouse or minor child has been involved in such transactions, holds or has held any such interests, or has received such payments, is required to file with the Director, Office of Labor-Management and Welfare-Pension Reports, United States Department of Labor, Washington, D.C., 20210, within 90 days after the end of his fiscal year, a signed report containing the detailed information required therein by section 202(a) of the Act, and found by the Labor-Management Services Administrator under section 208 thereof to be necessary in such report. $ 404.3 Form of annual report.

On and after the effective date of this section, every labor organization officer and employee required to file an annual report under $ 404.2 shall file such report on United States Department of Labor Form LM-30 entitled “Labor Organization Officer and Employee Report,” together with a true copy thereof, in the detail required by the instructions accompanying such form and constituting & part thereof. $ 404.4 Special report.

In addition to the report on Form LM–30, the Director, Ofice of LaborManagement and Welfare-Pension Reports, may require from union officers and employees subject to the Act the submission of special reports of pertinent information including, but not necessarily confined to, reports with respect to matters referred to in items (ii) and (iv) of the Instructions relating to Part A of the form and items (ii) and (iii) of the Instructions relating to Part C of the form.

§ 404.5 Attorney-client communications

exempted. Nothing contained in this part shall be construed to require an attorney who is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of section 202(a) of the Act and of this part any information which was lawfully communicated to such attorney by any of his clients in the course of & legitimate attorney-client relationship. § 404.6 Personal responsibility of signa

tories of reports. Every labor organization officer or employee required to file a report under section 202(a) of the Act and under this part shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false. § 404.7 Maintenance and retention of

records. Every person required to file any report under this part shall maintain records on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Office of Labor-Management and Welfare-Pension Reports may be verified, explained or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than five years after the filing of the documents based on the information which they contain. § 404.8 Publication of reports required

by this part. Inspection and examination of any report or other document filed as required by this part, and the furnishing by the Office of Labor-Management and Welfare-Pension Reports of copies thereof to any person requesting them, shall be governed by $ 2.4 of this title.

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Sec.

of Labor-Management and Welfare-Pen405.7 Relation of section 8(c) of the Na

sion Reports, United States Department tional Labor Relations Act, as

of Labor, Washington, D.C., 20210, withamended, to the reporting requirements of $ 405.2.

in 90 days after the end of each of its 405.8 Personal responsibility of signatories

fiscal years, a report signed by its presiof reports.

dent and treasurer, or corresponding 405.9 Maintenance and retention of principal officers, together with a true records.

copy thereof, containing the detailed in405.10 Publication of reports required by formation required therein by section this part.

203(a) of the Act and found by the AUTHORITY: The provisions of this part 405 Labor-Management Services Administraissued under secs. 203, 208, 73 Stat. 526, 529;

tor under section 208 thereof to be neces29 U.S.C. 433, 438; Secretary's Order No. 24

sary in such report. 63 (28 F.R. 9172) and Secretary's Order No. 25-63 (28 F.R. 9173).

§ 405.3

Form of annual report. SOURCE: The provisions of this part 405

On and after the effective date of this appear at 28 F.R. 14384, Dec. 27, 1963, unless

section, every employer required to file otherwise noted.

an annual report by section 203(a) of § 405.1 Definitions.

the Act and § 405.2 shall file such report As used in this part the term:

on the following United States Depart(a) (1) "Fiscal year” means the calen- ment of Labor Form LM-10 entitled, dar year or other period of 12 consecutive "Employer Report" 1 in the detail recalendar months, on the basis of which quired by the following instructions acfinancial accounts are kept by an em- companying such form and constituting ployer. Where an employer designates a part thereof. a new fiscal year period prior to the ex

§ 405.4

Terminal report. piration of a previously established fiscal year period, the resultant period of less

(a) Every employer required to file & than 12 consecutive calendar months,

report under the provisions of this part, and thereafter the newly established fis

who during its fiscal year loses its idencal year, shall in that order constitute tity as a reporting employer through the fiscal year for purposes of the reports merger, consolidation, dissolution, or required to be filed by section 203(a) of otherwise, shall, within 30 days of the the Act and of the regulations in this

effective date thereof, file a terminal empart.

ployer report, and one copy, with the Di(2) An employer who is subject to sec

rector, Office of Labor-Management and tion 203(a) of the Act for only a portion

Welfare-Pension Reports, at the place of his fiscal year because the date of en

aforesaid on Form LM-10 signed by the actment of the Act (September 14, 1959)

president and treasurer or corresponding occurred during such fiscal year or be

principal officers of such employer imcause the employer otherwise first be- mediately prior to the time of the emcomes subject to the Act during such

ployer's loss of reporting identity, tofiscal year, may consider such portion as

gether with a statement of the effective the entire fiscal year in making his re

date of such termination or loss of report under this part.

porting identity, and if the latter, the (b) “Corresponding principal officers"

name and mailing address of the emshall include any person or persons per

ployer entity into which it has been forming or authorized to perform prin

merged, consolidated or otherwise abcipal executive functions corresponding

sorbed. to those of president and treasurer, of

(b) For purposes of the report reany employer engaged in whole or in

quired by paragraph (a) of this section, part in the performance of the activities the period covered thereby shall be the described in section 203(a) of the Act. portion of the employer's fiscal year & 405.2 Annual report.

ending on the effective date of the n

ployer's termination or loss of reporting Every employer who in any fiscal year identity. has made any payment, loan, promise, agreement, arrangement or expenditure

§ 405.5

Special reports. of the kind described and required by In addition to the report on Form section 203(a) of the Act to be reported, LM-10, the Director, Office of Laborshall, as prescribed by the regulations in this part, file with the Director, Office 1 Filed as part of the original document.

Management and Welfare-Pension Re- otherwise subject to such reporting reports, may require from employers sub- quirements, are required to be reported ject to the Act the submission of special if they have been engaged in during the reports on pertinent information, includ- course of the reporting fiscal year. Howing but not necessarily confined to re- ever, the information required to be reports with respect to specifically iden- ported in Part D of Form LM-10 does not tified personnel on the matters referred include matters protected by section to in the second box in Part B of Form 8(c) of the National Labor Relations Act, LM-10.

as amended, because the definition in $ 405.6 Exceptions from the filing re

section 203(g) of the term "interfere

with, restrain, or coerce”, which is used quirements of § 405.2.

in Part D, does not cover such matters. Nothing contained in this part shall be construed to require:

§ 405.8 Personal responsibility of signa

tories of reports. (a) An employer to file a report unless said employer has made an expenditure, Each individual required to sign a repayment, loan, agreement, or arrange- port under section 203(a) of the Act and ment of the kind described in section under this part shall be personally re203(a) of the Act;

sponsible for the filing of such report (b) Any employer to file a report cov- and for any statement contained therein ering the services of any person by rea- which he knows to be false. son of his (1) giving or agreeing to give

§ 405.9 Maintenance and retention of advice to such employer or (2) represent

records. ing or agreeing to represent such employer before any court, administrative Every person required to file any reagency, or tribunal of arbitration or (3) port under this part shall maintain engaging or agreeing to engage in col- records on the matters required to be lective bargaining on behalf of such em

reported which will provide in sufficient ployer with respect to wages, hours, or

detail the necessary basic information other terms or conditions of employment

and data from which the documents or the negotiation of an agreement or

filed with the Office of Labor-Manageany question arising thereunder;

ment and Welfare-Pension Reports may (c) Any employer to file a report cov

be verified, explained or clarified, and ering expenditures made to any regular

checked for accuracy and completeness, officer, supervisor, or employee of an em

and shall include vouchers, worksheets, ployer as compensation for service as a receipts, and applicable resolutions, and regular officer, supervisor, or employee

shall keep such records available for exof such employer;

amination for a period of not less than (d) An attorney who is a member in

five years after the filing of the docugood standing of the bar of any State,

ments based on the information which to include in any report required to be

they contain. filed pursuant to the provisions of this § 405.10 Publication of reports required part any information which was law

by this part. fully communicated to such attorney by any of his clients in the course of a legit

Inspection and examination of any reimate attorney-client relationship.

port or other document filed as required

by this part, and the furnishing by the $ 405.7 Relation of section 8(c) of the Office of Labor-Management and Wel

National Labor Relations Act, as fare-Pension Reports of copies thereof to amended, to the reporting require. any person requesting them, shall be ments of 8 405.2.

governed by $ 2.4 of this title. While nothing contained in section 203 of the Act shall be construed as an PART 406-REPORTING BY LABOR amendment to, or modification of the

RELATIONS CONSULTANTS AND rights protected by, section 8(c) of the

OTHER PERSONS, CERTAIN AGREENational Labor Relations Act, as

MENTS WITH EMPLOYERS amended, activities protected by such section of the said Act are not for that Sec.

406.1 Definitions. reason exempted from the reporting re

406.2 Agreement and activities report. quirements of section 203(a) of the

406.3 Receipts and disbursements report. Labor-Management Reporting and Dis- 406.4 Terminal report. closure Act of 1959 and 405.2, and, if 406.5 Persons excepted from filing reports.

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