The Department of Labor’s Office of Labor-Management Standards (OLMS) updated its March 17, 2020 advisory concerning Title II of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). Unions, employers, and labor relations consultants wishing to take advantage of this enforcement policy do not need to contact OLMS before the report is due. Rather, OLMS will not pursue a civil enforcement action with regard to a delinquent or deficient report when these reporting violations are attributable to COVID-19 and the reporting deadline was prior to June 30, 2020. Any such reports must be filed by June 30, 2020, absent further notice from OLMS.
The Department of Labor’s Office of Labor Management Standards (OLMS) released an Advisory yesterday, Tuesday March 17th, providing relief for union officer elections and the filing of public disclosure reports for labor unions, employers and labor consultants if these are affected by the Coronavirus.
Labor unions, labor relations consultants, and employers affected by COVID-19 must make a good faith effort to file required public disclosure reports. OLMS will not, however, pursue a civil enforcement action with regard to a delinquent or deficient report when these reporting violations are attributable to COVID-19.
Unions, employers, and labor relations consultants wishing to take advantage of this enforcement policy should contact OLMS before the report is due, describe the circumstances necessitating additional time, and provide a date certain by which the report can reasonably be submitted. Under these circumstances, OLMS will not lodge a civil enforcement action to obtain the delinquent or deficient report. It provides filing relief if the deadline for filing cannot be met because of a COVID-19 related reason.
Please keep in mind the requirement to contact OLMS before the original due date. You are required to provide a target filing date when you contact OLMS which can be difficult to do under current conditions, but a good faith effort should be made. We recommend calling OLMS, (202) 693-0122, initially with a follow-up email at OLMS-Public@dol.gov about any such request and include a statement that the current environment is quite fluid and more time may be needed if the COVID-19 issues are extended and you will notify OLMS if necessary. Your email and any reply should be retained as part of your record retention practices.
Labor unions affected by COVID-19 must still make a good faith effort to conduct union officer elections within LMRDA timeframes. If OLMS receives a complaint regarding a union’s ongoing failure to hold an election, and that failure was attributable to COVID-19, OLMS will promptly seek a voluntary compliance agreement with the union. The agreement would require the union to hold the officer election when practicable on a date certain. With such an agreement, OLMS will not seek a civil enforcement action based on the complaint, provided the election is held in conformance with the agreement.