[Federal Register Volume 67, Number 92 (Monday, May 13, 2002)]
[Notices]
[Pages 32062-32064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11880]


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DEPARTMENT OF LABOR

Employment Standards Administration


Proposed Collection; Comment Request

ACTION: Notice.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a preclearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and/or continuing 
collections of information in accordance with the Paperwork Reduction 
Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to 
ensure that requested data can be provided in the desired format, 
reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Employment Standards Administration, Office of Labor-
Management Standards, is soliciting comments concerning the proposed 
information collection entitled Labor Organization and Auxiliary 
Reports. A copy of the proposed information collection request can be 
obtained by contacting the office listed below in the addressee section 
of this Notice.

DATES: Written comments must be submitted to the office listed in the 
addressee section below on or before July 12, 2002.

ADDRESSES: Ms. Patricia A. Forkel, U.S. Department of Labor, 200 
Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone 
(202) 693-0339, fax (202) 693-1451, EMail esa.gov">[email protected]esa.gov. 
Please use only one method of transmission for comments (mail, fax, or 
EMail).

SUPPLEMENTARY INFORMATION:

I. Background

    Congress enacted the Labor-Management Reporting and Disclosure Act 
(LMRDA), 29 U.S.C. 401 et seq., to provide for the disclosure of 
information on the financial transactions and administrative practices 
of labor organizations. The statute also provides, under certain 
circumstances, for reporting by labor organization officers and 
employees, employers, labor relations consultants, and surety 
companies. In addition, the statute requires: (a) the maintenance and 
retention of supporting records for five years after the required 
reports are filed, and (b) the preservation for one year of records of 
elections of union officers. Section 208 of the Act authorizes the 
Secretary to issue rules and regulations prescribing the form of the 
required reports. The reporting provisions were devised to implement a 
basic tenet of the LMRDA: the guarantee of democratic procedures and 
safeguards within labor organizations that are designed to protect the 
basic rights of union members. The implementing regulations 
specifically incorporate by reference the LMRDA reporting and record 
retention requirements of labor organization information, annual 
financial, and trusteeship reports, as well as the requirement for the 
preservation of election records. Information supplied on the reports 
may be utilized by union members to help self-govern their unions, by 
the general public, and as research material for both outside 
researchers and within the Department of Labor. The information is also 
used to assist DOL and other government agencies in detecting

[[Page 32063]]

improper practices on the part of labor organizations, their officers 
and/or representatives, and is used by Congress in oversight and 
legislative functions. The information collection is currently approved 
by the Office of Management and Budget (OMB) for use through November 
2002. The following is a list of the reporting forms contained in this 
information collection and their regulatory and legislative citations: 
LM-1, Labor Organization Information Report, 29 CFR 402, 29 U.S.C. 
431(a); LM-2, Labor Organization Annual Report, 29 CFR 402.5 and 403.3; 
29 U.S.C. 431(b); LM-3, Labor Organization Annual Report, 29 CFR 402.5 
and 403.4; 29 U.S.C. 431(b); LM-4, Labor Organization Annual Report, 29 
CFR 402.5 and 403.4; 29 U.S.C. 431(b); LM-10, Employer Report, 29 CFR 
Part 405, 29 U.S.C. 433(a); LM-15, Trusteeship Report, 29 CFR Part 408, 
29 U.S.C. 461; LM-15A, Report on Selection of Delegates and Officers, 
29 CFR Part 408, 29 U.S.C. 461; LM-16, Terminal Trusteeship Report, 29 
CFR Part 408, 29 U.S.C. 461; LM-20, Agreement and Activities Report, 29 
CFR Part 406, 29 U.S.C. 433(b); LM-21, Receipts and Disbursements 
Report, 29 CFR Part 406, 29 U.S.C. 433(b); LM-30, Labor Organization 
Officer and Employee Report, 29 CFR Part 404, 29 U.S.C. 432; S-1, 
Surety Company Annual Report, 29 CFR Part 409, 29 U.S.C. 441; 
Simplified Annual Report Format, 29 CFR Part 403, 29 U.S.C. 431(b).

II. Review Focus

    The Department of Labor is particularly interested in comments 
which:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used;
     Enhance the quality, utility and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submissions of responses.

III. Current Actions

    Pursuant to Sec. 205 of the LMRDA, the purpose of the reporting 
requirements is the public disclosure of the information and financial 
reports. Copies of every report submitted are maintained for public 
inspection and copying, upon request, at the U.S. Department of Labor, 
Room N5608, 200 Constitution Avenue, NW., Washington, DC 20210, and at 
the appropriate field office for the Department's Office of Labor-
Management Standards (OLMS). Information supplied on the reports may be 
utilized by union members to help self-govern their unions, by the 
general public, and as research material for both outside researchers 
and within the Department of Labor. The information is also used to 
assist DOL and other government agencies in detecting improper 
practices on the part of labor organizations, their officers and/or 
representatives, and is used by Congress in oversight and legislative 
functions. Under this request, the Department of Labor is seeking 
extension of the approved expiration date of the forms described above 
for a three year period.
    Type of Review: Extension.
    Agency: Employment Standards Administration.
    Titles: Labor Organization Information Report (LM-1); Labor 
Organization Annual Report (LM-2); Labor Organization Annual Report 
(LM-3); Labor Organization Annual Report (LM-4); Employer Report (LM-
10); Trusteeship Report (LM-15); Report on Selection of Delegates and 
Officers (LM-15A); Terminal Trusteeship Report (LM-16); Agreement and 
Activities Report (LM-20); Receipts and Disbursements Report (LM-21); 
Labor Organization Officer and Employee Report (LM-30); Surety Company 
Annual Report (S-1); and the Simplified Annual Report Format.
    OMB Number: 1215-0188.
    Affected Public: Not-for-profit institutions, Businesses or other 
for-profit; Individuals or households.

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                                                            Responses/       Hours per       Reporting      Minutes per    Recordkeeping
                          Form                              respondents     respondent     burden hours     respondent         hours        Total hours
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LM-1....................................................             253            0.83             210               5              21             231
LM-2....................................................           5,932           14.75          87,497              30           2,966          90,463
LM-3....................................................          12,722            6.50          82,693              15           3,181          85,874
LM-4....................................................           8,108            0.83           6,730               2             270           7,000
LM-10...................................................             116            0.50              58               5              10              68
LM-15...................................................             427            1.50             641              20             142             783
LM-15A..................................................              71            0.33              23               2               2              25
LM-16...................................................             110            0.33              36               1               2              38
LM-20...................................................             231            0.33              76               2               8              84
LM-21...................................................              36            0.50              18               5               3              21
LM-30...................................................             139            0.50              70               5              12              82
S-1.....................................................              82            0.50              41               5               7              48
SARF*...................................................           2,142            0.17             364               2              71             435
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................          30,369  ..............         178,457           6,695         85,152
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*Simplified Annual Report Format.


[[Page 32064]]

    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operation/maintenance): $0.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: May 6, 2002.
Margaret J. Sherrill,
Chief, Branch of Management Review and Internal Control, Division of 
Financial Management, Office of Management, Administration and 
Planning, Employment Standards Administration.
[FR Doc. 02-11880 Filed 5-10-02; 8:45 am]
BILLING CODE 4510-CP-P