Proposed Extension of Information Collection; Labor Organization and Auxiliary Reports
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Abstract
In compliance with the Paperwork Reduction Act of 1995 (PRA), the U.S. Department of Labor is soliciting public comments regarding the proposal to amend the currently approved information collection request under OMB Control Number 1245-0003, specifically its proposal to revise the filing thresholds for the Form LM-2, Form LM-3, and Form LM-4 Labor Organization Annual Reports required under Section 201 of the Labor-Management Reporting and Disclosure Act (LMRDA). Additionally, the Department is proposing to amend the definition of "minor child" on the Form LM-30 Labor Organization Officer and Employee Report.
Full Text
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<title>Federal Register, Volume 90 Issue 162 (Monday, August 25, 2025)</title>
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[Federal Register Volume 90, Number 162 (Monday, August 25, 2025)]
[Notices]
[Pages 41417-41419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16257]
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DEPARTMENT OF LABOR
Office of Labor-Management Standards
Proposed Extension of Information Collection; Labor Organization
and Auxiliary Reports
ACTION: Notice; request for comments.
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AGENCY: Office of Labor-Management Standards, Labor.
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
the U.S. Department of Labor is soliciting public comments regarding
the proposal to amend the currently approved information collection
request under OMB Control Number 1245-0003, specifically its proposal
to revise the filing thresholds for the Form LM-2, Form LM-3, and Form
LM-4 Labor Organization Annual Reports required under Section 201 of
the Labor-Management Reporting and Disclosure Act (LMRDA).
Additionally, the Department is proposing to amend the definition of
``minor child'' on the Form LM-30 Labor Organization Officer and
Employee Report.
DATES: Consideration will be given to all written comments received by
October 24, 2025.
ADDRESSES: A copy of this ICR with applicable supporting documentation,
including a description of the likely respondents, proposed frequency
of response, and estimated total burden, may be obtained free by
contacting Andrew Davis at (202) 693-0123 (this is not a toll-free
number). For persons with a hearing or speech disability who need
assistance to use the telephone system, please dial 711 to access
telecommunications relay services.
Electronic submission: You may submit comments and attachments
electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Andrew Davis, Director of the Office
of Program Operations, Office of Labor-Management Standards, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-5609,
Washington, DC 20210, by telephone at (202) 693-0123 (this is not a
toll-free number), 711 (TTY/TDD), or by email at <a href="/cdn-cgi/l/email-protection#dfb0b3b2acf2afaabdb3b6bc9fbbb0b3f1b8b0a9"><span class="__cf_email__" data-cfemail="523d3e3f217f2227303e3b3112363d3e7c353d24">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Labor (Department) is amending this
information collection in accordance with the two proposed deregulatory
actions that were published on July 1, 2025: Filing Thresholds for
Forms LM-2, LM-3, and LM-4 Labor Organization Annual Reports, RIN 1245-
AA15, and Minor Child Definition for Form LM-30 Labor Organization
Officer and Employee Report, RIN 1245-AA16.
The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA),
29 U.S.C. 401 et seq., mandates certain reporting and disclosure
requirements for labor organizations, their officers and employees,
employers, labor relations consultants, and surety companies. Under the
LMRDA, every labor organization must file with the Department's Office
of Labor-Management Standards (OLMS) an annual financial report showing
total annual receipts, disbursements, assets, and liabilities of the
union. 29 U.S.C. 431. The Secretary of Labor has authority to prescribe
the form of the financial disclosure reports required by the LMRDA. 29
U.S.C. 438. The Secretary has prescribed three forms for this purpose--
Forms LM-2, LM-3, and LM-4--with the form required determined by total
annual receipts. Under current regulations, labor organizations with
$250,000 or more in annual receipts must file Form LM-2; those not in a
trusteeship with less than $250,000 may choose to file Form LM-3; and
those not in a trusteeship with less than $10,000 may choose to file
Form LM-4. 29 CFR 403.4(a). Additionally, under certain circumstances,
a local labor organization with no assets, liabilities, receipts, or
disbursements, which is not in a trusteeship can have a ``simplified
annual report'' filed on its behalf by a parent union in lieu of an
annual report. Id.
The LMRDA also requires that every officer or employee of a labor
organization who, or whose spouse or their ``minor child,'' directly or
indirectly holds any interest or derives any income or benefit from an
employer whose employees the labor organization represents, or from a
business that deals with the labor organization or a business that
deals in substantial part with a represented employer of the union, or
has received certain payments from a labor relations consultant, is
required to file an annual financial disclosure report with the
Secretary of Labor. 29 U.S.C. 432. The Secretary of Labor has authority
to prescribe the form of the financial disclosure reports required by
the LMRDA. 29 U.S.C. 438.
The Department proposes to increase each filing threshold to higher
values: labor organizations with $450,000 or more in annual receipts
must file Form LM-2; those with less than $450,000 not in trusteeship
may choose to file Form LM-3; and those with less than $25,000 not in
trusteeship may choose to file Form LM-4. These increases are necessary
to reflect economic changes and reduce unnecessary reporting and
recordkeeping burdens on labor organizations whose total receipts,
prior to adjusting for inflation, should not necessitate greater filing
requirements. The Department proposes to revise accordingly each
reference to the filing thresholds on the Forms LM-2, LM-3, and LM-4,
as well as their instructions.
The Department proposes to revise the threshold on Form LM-2 to
read: ``MUST BE USED BY LABOR ORGANIZATIONS WITH $450,000 OR MORE IN
TOTAL ANNUAL RECEIPTS AND LABOR ORGANIZATIONS IN TRUSTEESHIP,'' and
proposes to revise the thresholds in the Form LM-2 Instructions,
Section II, What Form to File, to read: ``Every labor organization
subject to the LMRDA, CSRA, or FSA with total annual receipts of
$450,000 or more must file the Form LM-2. Labor organizations with
total annual receipts of less than $450,000 may file the simplified
Form LM-3, if not in trusteeship . . . . Labor organizations with total
annual receipts of less than $25,000 may file the abbreviated annual
report Form LM-4, if not in trusteeship.''
The Department additionally proposes to revise the threshold on
page 1 of Form LM-3 to read: ``FOR USE ONLY BY LABOR ORGANIZATIONS WITH
LESS THAN $450,000 IN TOTAL ANNUAL RECEIPTS,'' and the threshold on
page 4 to read: ``If total receipts reported in Item 44 are $450,000 or
more, your organization must file Form LM-2 instead of this form.'' The
thresholds in the corresponding Form LM-3 Instructions, Section II,
What Form to File, would read: ``Every labor organization subject to
the LMRDA, CSRA, or FSA with total annual receipts of less than
$450,000 may file the simplified annual report Form LM-3, if not in
trusteeship . . . . Labor organizations with less than $25,000 in total
annual receipts may file the abbreviated 2-page annual report Form LM-
4, if not in trusteeship.'' Further, the threshold listed in the Form
LM-3 Instructions, Section XII, Labor Organizations that Have Ceased to
Exist, would read: ``The terminal financial report may be filed on Form
LM-3 if your organization filed its previous annual report on Form LM-3
and your organization's total annual receipts, as defined in Section II
of these instructions, were less than $450,000 for the part of the last
fiscal year during which your organization existed.''
[[Page 41418]]
The Department additionally proposes to revise the threshold on
page 1 of Form LM-4 to read: ``FOR USE ONLY BY LABOR ORGANIZATIONS WITH
LESS THAN $25,000 IN TOTAL ANNUAL RECEIPTS,'' and the threshold in Item
16 on Form LM-4 to read: ``If $25,000 or more, your organization must
file Form LM-2 or LM-3 instead of this form.'' The thresholds in the
corresponding Form LM-4 Instructions, Section II, What Form to File,
would read: ``Labor organizations with total annual receipts of less
than $25,000 may file the abbreviated 2-page annual report Form LM-4,
if not in trusteeship. . . . Labor organizations with $25,000 or more
in total annual receipts cannot use Form LM-4.'' The threshold in the
Form LM-4 Instructions, Item 16, would read: ``Note: If the labor
organization's annual receipts were $25,000 or more, the labor
organization is not eligible to file Form LM-4[,]'' and the threshold
in the Form LM-4 Instructions, Section X, Labor Organizations that
Ceased to Exist, would read: ``The terminal financial report may be
filed on Form LM-4 if the labor organization filed its previous annual
report on Form LM-4 and the labor organization's total annual receipts,
as defined in Section II of these instructions, were less than $25,000
for the part of the last fiscal year during which the labor
organization existed.'' It would also note, ``If total annual receipts
were $25,000 or more the labor organization must use Form LM-2 or LM-
3[.]''
The Department estimates these revisions, alongside an update to
the number of Form LM-2, LM-3, and LM-4 filers based on Fiscal Year 24
filing numbers,\1\ will result in a decrease of 759 responses and a
reporting and recordkeeping burden decrease of 402,421.8 hours for the
Form LM-2, a decrease of 2,520 responses and 258,904.8 reporting and
recordkeeping burden hours for the Form LM-3, and an increase of 1,343
responses and 12,328.74 reporting and recordkeeping hours for the Form
LM-4. This results in a total decrease of 1,936 responses and
648,997.86 reporting and recordkeeping burden hours for this
collection.
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\1\ See: <a href="https://www.dol.gov/agencies/olms/data">https://www.dol.gov/agencies/olms/data</a>.
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The Department additionally proposes to revise the definition of
``minor child'' on the Form LM-30 Labor Organization Officer and
Employee Report, which requires labor union officers and employees to
report actual or potential conflicts of interest involving their own
personal financial interests, as well as that of their spouse or
``minor child,'' and that of their labor organization. This change
aligns with the age of majority now recognized in almost all United
States jurisdictions, where individuals are generally considered legal
adults at 18. By adopting this widely accepted standard, the Department
seeks to remove potentially unnecessary filings, while preserving the
integrity and purpose of the LMRDA's disclosure requirements. Since the
Department has no basis to conclude that, at least in recent years, any
Form LM-30 filer included interests or transactions for a minor child
between the ages of 18 and 20, the Department does not anticipate such
interests or transactions occurring going forward.
The Department proposes to revise the definition on page two of the
Form LM-30 Instructions to read: ``MINOR CHILD--means a son, daughter,
stepson, or stepdaughter under 18 years of age.'' Additionally, the
Department proposes to make a technical correction on page 6 of the
Form LM-30 Instructions in Item 7, NATURE AND AMOUNT OF INTEREST,
TRANSACTION, BENEFIT, ARRANGEMENT, INCOME, OR LOAN, by deleting: ``If
you need additional space, see the ``How to Provide Additional
Information'' section on page 3'' . . . . ``(for information on where
to provide this explanation, see the ``How to Provide Additional
Information'' section on page 3)'' . . . . ``(See the ``How to Provide
Additional Information'' section on page 3.).'' The instructions on
page 6 no longer need this language, as page 3 does not contain any
instructions on providing additional information, nor is such
instruction needed to complete the form.
The Department estimates this revision to the Form LM-30
instructions will have no effect on the number of respondents or burden
hours for this collection.
II. Desired Focus of Comments
The Department is soliciting comments concerning the proposed
information collection related to Labor Organization and Auxiliary
Reports. The Department is particularly interested in comments that:
<bullet> Evaluate whether the collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information has practical utility;
<bullet> Evaluate the accuracy of the Department's estimate of the
burden related to the information collection, including the validity of
the methodology and assumptions used in the estimate;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> Minimize the burden of the information collection 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
submission of responses.
Documents related to this information collection request are
available at <a href="https://regulations.gov">https://regulations.gov</a>. Questions about the information
collection requirements may be directed to the person listed in the FOR
FURTHER INFORMATION section of this notice.
Comments submitted in response to this notice will be summarized in
the ICR the Department will submit to the Office of Management and
Budget for approval of the information collection request; they will
also become a matter of public record and will be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>. Commenters are encouraged not to submit sensitive
information (e.g., confidential business information or personally
identifiable information such as a social security number).
III. Current Actions
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 years. OMB authorization for an ICR cannot be for more than three
years without renewal. DOL notes that information collection
requirements submitted to the OMB for existing ICRs receive a month-to-
month extension while they undergo review.
Agency: DOL-OLMS.
Type of Review: Revision of a currently approved collection.
OMB Control Number: 1245-0003.
Title of Collection: Labor Organization and Auxiliary Reports.
Forms: LMLM-10, LM-20, LM-21, LM-3, LM-1, LM-16, LM-4, LM-15, LM-
15a, LM-20, LM-21, S-1, LM-30, LM-10, LM-2.
Affected Public: Private Sector.
Total Estimated Number of Respondents: 30,855.
[[Page 41419]]
Total Estimated Number of Responses: 33,131.
Frequency: Varies.
Total Estimated Annual Time Burden: 3,995,742 hours.
Total Estimated Annual Other Costs Burden: $0.
(Authority: 44 U.S.C. 3506(c)(2)(A))
Dated: August 20, 2025.
Andrew Davis,
Director of the Office of Program Operations, Office of Labor-
Management Standards.
[FR Doc. 2025-16257 Filed 8-22-25; 8:45 am]
BILLING CODE 4510-86-P
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</html>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.