Notice2024-29218
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Labor Organization and Auxiliary Reports
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 12, 2024
Issuing agencies
Labor Department
Abstract
The Department of Labor (DOL) is submitting this Office of Labor-Management Standards, Department of Labor (OLMS)--sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Pages 100540-100541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29218]
[[Page 100540]]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Labor Organization and Auxiliary Reports
AGENCY: Office of Labor-Management Standards, Department of Labor.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor (DOL) is submitting this Office of
Labor-Management Standards, Department of Labor (OLMS)--sponsored
information collection request (ICR) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that the agency
receives on or before January 13, 2025.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Nora Hernandez by telephone at 202-
693-8633, or by email at <a href="/cdn-cgi/l/email-protection#e6a2a9aab9b6b4a7b9b6b3a4aaafa5a682898ac8818990"><span class="__cf_email__" data-cfemail="1f5b5053404f4d5e404f4a5d53565c5f7b707331787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Secretary of Labor administers and
enforces provisions of the Labor-Management Reporting and Disclosure
Act of 1959, as amended, Public Law 86-257, 73 Stat. 519-546, codified
at 29 U.S.C. 401-531. The LMRDA, in part, establishes labor-management
transparency through reporting and disclosure requirements for labor
organizations and officials, employers, labor relations consultants,
and surety companies. Section 203(a) of the LMRDA imposes reporting
requirements on employers who enter into specified financial
transactions or arrangements with a labor union, union official,
employee, or labor relations consultant. 29 U.S.C. 433(a). Section
203(b) of the LMRDA additionally requires public disclosure of certain
agreements or arrangements between any person, including labor
relations consultants and other individuals and organizations, to
undertake certain activities concerning employees or labor
organizations. 29 U.S.C. 433(b). Under LMRDA section 208, the Secretary
of Labor is authorized to issue, amend, and rescind rules and
regulations prescribing the form and publication of required reports,
as well as ``such other reasonable rules and regulations . . . as [s]he
may find necessary to prevent the circumvention or evasion of such
reporting requirements.'' 29 U.S.C. 438. The Secretary published the
Form LM-10 ``Employer Report'' for employers, and the Form LM-20
``Agreement and Activities Report'' and Form LM-21 ``Receipts and
Disbursements Report'' for labor relations consultants.
The Department seeks to amend the Form LM-10, Form LM-20, and Form
LM-21 to supplement the identifying information OLMS already collects
from employers and consultants by requiring an Employer Identification
Number (EIN). An EIN uniquely identifies each employer or consultant,
and its inclusion on the Form LM-10, Form LM-20, and Form LM-21 would
avoid confusion and allow the public and employees to confirm the
identity of filers and consultants more easily. This revision will also
improve the efficiency of OLMS operations, as OLMS will be able to use
the unique EIN number to differentiate existing filers from new filers,
and crossmatch employer and consultant reports more effectively. If a
consultant does not have an EIN, OLMS would require that the filing
employer or other consultant identify the consultant by providing the
consultant's LM file number, if it already had obtained one.
The Department also seeks to amend the Form LM-20 to differentiate
requirements for primary consultants and sub-consultants to the
underlying employer-consultant agreement. These revisions to the Form
LM-20 would require primary consultants to disclose whether any
individuals through whom an employer-consultant agreement was performed
is a sub-consultant and to provide the name and EIN of that sub-
consultant in Item 11.d, as well as require sub-consultants to provide
the name, EIN, and mailing address of the primary consultant the sub-
consultant entered into agreement within Item 8. These revisions would
help avoid confusion and allow the public and employees to confirm the
identity of filers and consultants more easily, as well as provide
greater efficiency to OLMS for cross-matching employer and consultant
reports.
The Department is seeking comment on the collection of the EIN on
Forms LM-10, LM-20, and LM-21, as well as revisions to Form LM-20 to
differentiate between primary consultants and sub-consultants to the
employer-consultant agreement, which would additionally require the
disclosure of EIN for those sub-consultants. The Department is seeking
comments on the necessity of these revisions for the performance of
OLMS, the accuracy of the estimated reporting burden, and any methods
by which OLMS could continue to minimize the burden of collecting
information.
The Department also seeks to require each filer to provide the
email addresses of the corresponding parties to the agreement that
triggered the reporting requirement (underlying agreement). The email
addresses will not appear on the submitted forms or otherwise be
publicly available, but OLMS will seek to use the email addresses to
ensure compliance. The Department also proposes a technical revision to
the Form LM-1 instructions, Item 9, to match the corresponding item on
the form.
The Department is also seeking comments on handling instances when
a consultant or employer does not provide or does not have an EIN, or a
file number given by OLMS. For additional substantive information about
this ICR, see the related notice published in the Federal Register on
October 3, 2024 (89 FR 80605).
Comments are invited on: (1) whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless the OMB approves it and displays a currently valid
OMB Control Number. In addition, notwithstanding any other provisions
of law, no person shall generally be subject to penalty for failing to
comply with a collection of information that does not display a valid
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs
[[Page 100541]]
receive a month-to-month extension while they undergo review.
Agency: Department of Labor, Office of Labor-Management Standards.
Title of Collection: Labor Organization and Auxiliary Reports
OMB Control Number: 1245-0003.
Affected Public: Private Sector--Business or other for-profits and
not-for-profit institutions
Total Estimated Number of Annual Respondents: 32,791.
Total Estimated Number of Responses: 35,067.
Total Estimated Annual Time Burden: 4,644,740 hours.
Total Estimated Annual Other Costs Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Nora Hernandez,
PRA Department Clearance Officer.
[FR Doc. 2024-29218 Filed 12-11-24; 8:45 am]
BILLING CODE 4510-86-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 12, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.