United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2006_register executive 2014-05-29 article Part V Rules and Regulations D09002ee1c80ea669 D09002ee1c80ea78b United States Department of Labor originator org United States Government Agency or Subagency United States Office of Labor-Management Standards originator org United States Government Agency or Subagency The Department proposed to revise the forms used by labor organizations to file the annual financial reports required by the Labor-Management Reporting and Disclosure Act ("LMRDA" or "Act"), 29 U.S.C. 431(b). Under the proposal, specified labor organizations would file annual reports about particular trusts to which they contributed money or otherwise provided financial assistance (Form T- 1). This document sets forth the Department's review of and response to comments on the proposal; this review was undertaken by the Department after the decision by the United States Court of Appeals for the District of Columbia Circuit in American Federation of Labor and Congress of Industrial Organizations v. Chao, 409 F.3d 377 (2005). Under this rule, the Department will require that a labor organization ("union") with total annual receipts of $250,000 or more file a Form T-1 for each trust provided that the trust is of the type defined by section 3(l) of the LMRDA (defining "trust in which a labor organization is interested") and a number of conditions are met: The union's financial contribution to the trust was $10,000 or more during the year; the trust had $250,000 or more in annual receipts; and the union, acting either alone or with other unions, selects a majority of the members of the trust's governing board or the union's contribution to the trust, made independently or in combination with other unions, represents greater than 50% of the trust's revenue in the one-year reporting period. The Department will provide four exceptions to the Form T-1 requirements, and unions will not, therefore, be required to file a Form T-1 for: A Political Action Committee fund, if publicly available reports on the fund are filed with federal or state agencies; a political organization for which reports are filed with the Internal Revenue Service under 26 U.S.C. 527; an employee benefit plan filing a complete and timely report under the Employee Retirement Income Security Act ("ERISA"); and a trust or trust fund for which an independent audit has been conducted, in accordance with the standard set forth in this final rule, if the audit is made publicly available. Under this exception the labor organization must submit the first page of the Form T-1 and a copy of the audit. 71 FR 57716 https://www.govinfo.gov/app/details/FR-2006-09-29/06-8339 06-8339 fr29se06-24 RIN 1215-AB54 4510-CP-P https://www.govinfo.gov/app/details/FR-2006-09-29/06-8339 https://www.govinfo.gov/content/pkg/FR-2006-09-29/html/06-8339.htm https://www.govinfo.gov/content/pkg/FR-2006-09-29/pdf/06-8339.pdf Labor Unions Reporting and Recordkeeping Requirements 47 p. 57716 57762 71 FR 57716 Title 29 Part 403 29 CFR Part 403 RIN 1215-AB54 Labor Organization Annual Financial Reports for Trusts in Which a Labor Organization Is Interested, Form T-1; Federal Register Vol. 71, Issue RULE 06-8339 V DEPARTMENT OF LABOR Office of Labor-Management Standards 2007-01-01 4510-CP-P 06-8339 Final rule.

The Department proposed to revise the forms used by labor organizations to file the annual financial reports required by the Labor-Management Reporting and Disclosure Act ("LMRDA" or "Act"), 29 U.S.C. 431(b). Under the proposal, specified labor organizations would file annual reports about particular trusts to which they contributed money or otherwise provided financial assistance (Form T- 1). This document sets forth the Department's review of and response to comments on the proposal; this review was undertaken by the Department after the decision by the United States Court of Appeals for the District of Columbia Circuit in American Federation of Labor and Congress of Industrial Organizations v. Chao, 409 F.3d 377 (2005). Under this rule, the Department will require that a labor organization ("union") with total annual receipts of $250,000 or more file a Form T-1 for each trust provided that the trust is of the type defined by section 3(l) of the LMRDA (defining "trust in which a labor organization is interested") and a number of conditions are met: The union's financial contribution to the trust was $10,000 or more during the year; the trust had $250,000 or more in annual receipts; and the union, acting either alone or with other unions, selects a majority of the members of the trust's governing board or the union's contribution to the trust, made independently or in combination with other unions, represents greater than 50% of the trust's revenue in the one-year reporting period. The Department will provide four exceptions to the Form T-1 requirements, and unions will not, therefore, be required to file a Form T-1 for: A Political Action Committee fund, if publicly available reports on the fund are filed with federal or state agencies; a political organization for which reports are filed with the Internal Revenue Service under 26 U.S.C. 527; an employee benefit plan filing a complete and timely report under the Employee Retirement Income Security Act ("ERISA"); and a trust or trust fund for which an independent audit has been conducted, in accordance with the standard set forth in this final rule, if the audit is made publicly available. Under this exception the labor organization must submit the first page of the Form T-1 and a copy of the audit.

Effective Date: This rule will be effective on January 1, 2007; however, no labor organization is required to file a Form T-1 until 90 days after the conclusion of its first fiscal year that begins on or after January 1, 2007. A Form T-1 covers a trust's most recently concluded fiscal year, and a Form T-1 is required only for trusts whose fiscal year begins on or after January 1, 2007. Kay H. Oshel, Director, Office of Policy, Reports, and Disclosure, Office of Labor-Management Standards (OLMS), U.S. Department of Labor, 200 Constitution Avenue, NW., Room N- 5605, Washington, DC, olms-public@dol.gov, (202) 693-1233 (this is not a toll-free number). Individuals with hearing impairments may call 1- 800-877-8339 (TTY/TDD). Labor Unions Reporting and Recordkeeping Requirements Labor-management standards: Labor organization annual financial reports, olms-public@dol.gov http://www.dol.gov/ebsa/pdf/rdguide.pdf http://www.olms.dol.gov Vol. 71, no. 189 Office of the Federal Register, National Archives and Records Administration 2006-09-29 continuing daily deposited born digital 498 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2006-09-29 P0b002ee1892c6b3e 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr29se06 https://www.govinfo.gov/app/details/FR-2006-09-29 https://www.govinfo.gov/content/pkg/FR-2006-09-29/pdf/FR-2006-09-29.pdf https://www.govinfo.gov/content/pkg/FR-2006-09-29/xml/FR-2006-09-29.xml fdlp 57383 57870 DGPO 2014-05-29 2024-06-06 FR-2006-09-29 machine generated eng FR FR-2006-09-29 71 189