Lexology (03/19/12) Bernard J. Bobber

Employers that have some reportable activity as defined by the Labor-Management Reporting and Disclosure Act of 1959 must file a Form LM-10 (Employer Report) with the U.S. Department of Labor. The law requires certain payments of money or other items of value to a union, union official, labor relations consultant, or employee to be disclosed, even if the company’s employees are not represented by a union. For companies using the calendar year as their fiscal year, the reporting deadline is March 30. Under LMRDA, the payments to be reported must be greater than $250 and include such things as gifts or services given to employees on the condition that they will not organize, paying a labor relations consultant to plant agents among employees to report on union organizational activities, paying to print or disseminate pamphlets and other advertisements that threaten to close or move plants if organized, or taking out a union official with whom collective bargaining agreements are being negotiated. The report must be signed under oath by the employer’s president and treasurer, and willful violations could result in criminal and civil penalties.