The Labor-Management Reporting and Disclosure Act (LMRDA) requires unions to file annual financial reports, and copies of their constitution and bylaws with DOL. Under certain circumstances, reports are required of union officers and employees, employers, labor relations consultants, and surety companies. All reports are available for public disclosure. Filers are required to retain supporting records for five years; unions are required to retain election records for one year.
US Code:
29 USC 401 et. seq.
Name of Law: Labor Management Reporting and Disclsoure Act of 1959 (LMRDA)
US Code:
5 USC 7120
Name of Law: Civil Service Reform Act
US Code:
2 USC 1301
Name of Law: Congressional Accountability Act of 1995 (CAA)
US Code:
22 USC 4117
Name of Law: Foreign Service Act (FSA)
In comparison to the previous submission (33,684 responses and 4,411,641 burden hours), this ICR requests 2,183 fewer responses, while burden hours increase by 170,729. There is actually a decrease of 42,610 hours attributable as a program change. These changes are a result of the estimated hourly reporting burden reduction for the Forms LM-2, LM-3, and LM-4 since the release of EFS. Details on those changes are described in the next few paragraphs. Additionally, the Department has updated its estimates with the most recent data available. That information suggests a burden increase of 213,339 hours, primarily due to a significant increase in the number of Form LM-2 filings that are not the result of program changes.
For Form LM-2 filers, it is no longer necessary to obtain a digital signature from the third-party vendor, which results in an immediate savings of 4.0 hours, according to the 2003 LM-2 standard's burden estimate. In addition, because of improved context-sensitive help and access to instructions, a time savings for review of the instructions is also factored in. Finally, the new electronic signatures and verification save the filer significant time. We estimate that total burden reduction for LM-2 filers, moving from the first to the second generation system to be 5.8 hours, even when the minimal additional time is added to obtain the union PIN and for the officers to register. The Department therefore estimates that the Form LM-2 reporting burden is 140.2 hours, rather than the previous estimate of 146 hours. 6,073 responses x 5.8 hours = 35,223 hours.
Form LM-3 and -4 users are still not required to use electronic filing, and consequently, until 2010, few of them did. Form LM-3 has a number of areas where electronic filing can significantly reduce burden besides those described for Form LM-2. These additional areas include the fact that the electronic forms pre-populate a significant amount of informational items on the first page and the beginning year asset and liability category balances are brought forward from the end of year balances of the previous year's form, thus saving a significant amount of data entry. But in addition, the electronic form also totals dependent items, such as summing total assets, total liabilities, total receipts, total disbursements and total payments to officers, obviating the need to use a calculator, double-check answers, and enter data manually; to estimate the time required, a time-and-motion study was performed to determine the burden reduction.
It should be noted that Form LM-4, the simplest of all three forms, lacks any beginning versus end of year balance reporting and has no arithmetic to be performed in the form itself, so the burden reduction is more modest. We also estimate a reporting burden reduction in filing Form LM-4 electronically from 8.0 to 7.18 hours. Thus, the total burden for the LM-4 is now approximately 9 hours, a reduction from the previous estimate of 10 hours. 7,387 responses x 1 hours = 7,387 hours
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.