NOTE TO REVIEWER

OMB No. 1245

- 0003

This submission is considered a revision of an existing collection, as the information requirements of the Labor

- Management Reporting and Disclosure Act (LMRDA) are currently approved under OMB # 1245

- 0003, with an expir ation date of August 31,

201 6 . The currently approved collection includes Forms LM

- 1, LM

- 2, LM

- 3, LM

- 4, LM

10, LM

- 15, LM

- 15A, LM

- 16, LM

- 20, LM

- 21, LM

- 30, and S

- 1.

Th is revision is necessary since the Department seeks to revise the instructions to the

F orm LM

- 3 and LM

- 4 Labor Organization Annual Reports, in order to mandate electronic filing , as well as amend the hardship exemption process for Form LM

- 2 filers

.

The Department notes that it has a pending rulemaking concerning two of the reports

included in the Labor Organization and Auxiliary Reports information collection : the

Form LM

- 10 Employer Report and the Form LM

- 20 Agreement and Activities Report filed by labor relations consultants. See 76 FR 37292 ( June 27, 2011)

. The Department received comme nts on those estimates during the rulemaking, and it will respond to such comments in any final rule issued, as well as in any request for

amendment to the information collection submitted to OMB in the context of that rulemaking.PAPERWORK REDUCTION ACT

EMPLOYER AND AGREEMENT AND ACTIVITIES REPORTS

SUPPORTING STATEMENT

A. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessi tate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Congress enacted the Labor

- Management Reporting and Disclosure Act (LMRDA),

29 U.S.C. 401 et. seq., to pr ovide for the disclosure of information about the financial transactions and administrative practices of labor organizations. The statute also provides, under certain circumstances, for reporting by labor organization officers and employees, employers, la bor relations consultants, and surety companies. In addition, the statute requires: (a) the maintenance and retention of supporting records for five years after the required reports are filed, and (b) the preservation for one year of

records of elections of labor organization officers. Section 208 of the Act authorizes the Secretary of Labor to issue rules and regulations prescribing the form of the required reports and such other rules and regulations (including rules prescribing reports concerning trust s in which a labor organization is interested) as may be necessary to prevent circumvention or evasion of the reporting requirements.

The LMRDA reporting provisions were devised to protect the basic rights of labor organization members and to guarantee the democratic procedures and financial integrity of labor organizations. The 1959 Senate report on the version of the bill later enacted as the LMRDA stated clearly, “ The members who are the real owners of the money and property of the organization are e ntitled to a full accounting of all transactions involving their property.” S. Rep. No. 86

- 187, at 8 (1959), reprinted in 1 NLRB, Legislative History of the Labor

- Management Reporting and Disclosure Act of

1959 at 397, 404 (1959). A full accounting was described as “full reporting and public disclosure of labor organization internal processes and financial operations.”

The LMRDA applies to labor organizations with private sector employees working in interstate commerce within the meaning of sections 3( i) and (j) of the LMRDA, 29 U.S.C. 402(i) and (j), and labor organizations composed of U.S. Postal Service employees. Labor organizations that represent employees of the executive branch agencies of the Federal Government, the Library of Congress, the Gov ernment Printing Office, and certain employees of the U.S. Congress are subject to the standards of conduct requirements of the Civil Service Reform Act (CSRA), 5 U.S.C. 7120, the Foreign Service Act (FSA), 22 U.S.C. 4117, or the Congressional Accountabili ty Act of 1995 (CAA), 2 U.S.C. 1301. The se latter Acts and the implementing regulations at 29

CFR 457.10

- .20 provide that

, in administering the standards of conduct, the Department will be guided by the interpretations and policies followed by the Depart ment of Labor in applying provisions of the LMRDA. In addition, the regulations specifically incorporate

2by reference the LMRDA reporting and record retention requirements of all LMRDA
reports, as well as the requirement for the preservation of election r ecords. Instructions

for the forms mention corresponding recordkeeping requirements.

The following is a list of the reporting forms, their regulatory and legislative citations, and a brief description of each form's usage.

LM

- 1, Labor Organization Info rmation Report, 29 CFR 402, 29 U.S.C. 431(a). All labor organizations are required to file an initial Form LM

- 1 concerning the organization and its governing rules, including copies of its constitution and bylaws, within 90 days after it becomes subject t o the LMRDA, CSRA, FSA, or CAA. Labor organizations are also required to file an amended Form LM

- 1 to report certain changes to this information when they file the annual financial report.

LM

- 2, Labor Organization Annual Report, 29 CFR 402.5 and 403. 3; 29 U.S.C. 431(b). Any labor organization whose total annual receipts are $250,000 or more and

any organization in trusteeship must file an annual financial report on Form LM

- 2 within 90 days after the end of its fiscal year, to disclose its financial c ondition and operations

for the preceding fiscal year. This reporting form is also used by such labor organizations to file a terminal report if they cease to exist. This report must be filed electronically.

LM

- 3, Labor Organization Annual Report, 29 CF R 402.5 and 403.4; 29 U.S.C. 431(b). Any labor organization that is not in trusteeship whose total annual receipts are less than $250,000, but $10,000 or more may elect to file the simplified Form LM

- 3 annual report . Labor organizations qualified to use this form may also use it to file the required terminal report if they cease to exist. Currently this form, as well as the LM

- 4, may be filed electronically or manually.

LM

- 4, Labor Organization Annual Report, 29 CFR 402.5 and 403.4; 29 U.S.C. 431(b). Any labor organization that is not in trusteeship whose total annual receipts are less than $10,000, may elect to file the abbreviated Form LM

- 4 annual report . Labor organizations qualified to use this form may also use it to file the required terminal

re port if they cease to exist.

LM

- 10, Employer Report, 29 CFR Part 405, 29 U.S.C. 433(a). Any employer, who in any fiscal year has made certain payments to or other financial arrangements with a labor organization , its officers, its agents or its emplo yees; payments to employees for the purpose of causing them to persuade other employees with respect to their bargaining and representation rights; payments for the purpose of interfering with employees in the exercise of their bargaining and representatio n rights or for obtaining information on employee or labor organization activities in connection with labor disputes involving their company; and arrangements (and payments made under these arrangements) with a labor relations consultant for the purpose of persuading employees with respect to their bargaining and representation rights, or for obtaining information concerning employee activities in a labor dispute involving their company is

3required to file an annual report on Form LM

- 10 within 90 days after the end of its fiscal

year.

LM

- 15, Trusteeship Report, 29 CFR Part 408, 29 U.S.C. 461. Any labor organization that assumes a trusteeship over a subordinate labor organization is required to file an

initial Form LM

- 15 within 30 days after imposition of the trusteeship. A n y labor organization required to file the initial trusteeship report is required to file a semi

- annual report on Form LM

- 15 during the continuance of the trusteeship.

LM

- 15A, Report on Selection of Delegates and Officers, 29 CFR Par t 408, 29 U.S.C.

461. Any labor organization that assumed a trusteeship over a subordinate labor organization and filed a semiannual or terminal trusteeship report is also required to file a Report on Selection of Delegates and Officers on Form LM

- 15A if, during the period covered by the report, there was any: convention or other policy

- determining body to

which the subordinate labor organization sent delegates or would have sent delegates if not in trusteeship; or election of officers of the labor organiz ation which imposed the trusteeship over the subordinate labor organization

.

LM

- 16, Terminal Trusteeship Report, 29 CFR Part 408, 29 U.S.C. 461. Any labor organization that has assumed a trusteeship over a subordinate labor organization is required to f ile a terminal trusteeship report on Form LM

- 16 within 90 days after the termination of the trusteeship along with a terminal trusteeship financial report on Form

LM

- 2.

LM

- 20, Agreement and Activities Report, 29 CFR Part 406, 29 U.S.C. 433(b). Any

labo r relations consultant or other person or organization that makes an agreement or arrangement with an employer to undertake activities with the object to persuade employees how to exercise their right to organize and bargain collectively or to supply

an em ployer with information concerning the activities of employees or a labor organization involved in a labor dispute with the employer is required to file a report on

Form LM

- 20 on the nature of the agreement and specific details on the activity to be perfor med. Form LM

- 20 must be filed within 30 days after entering into the agreement.

LM

- 21, Receipts and Disbursements Report, 29 CFR Part 406, 29 U.S.C. 433(b). Any labor relations consultant or other person or organization required to file the preceding agreement and activities report (Form LM

- 20) must also file a Form LM

- 21 report of receipts from employer(s) and disbursements made by the filer in connection with labor relations advice or services provided to employer(s) for any fiscal year during

which payments were made or received as a result of the reportable agreement or
arrangement. The Form LM

- 21 report is required to be file d within 90 days after the end

of the fiscal year

.

LM

- 30, Labor Organization Officer and Employee Report , 29 CFR Part 404 , 29

U.S.C. 432. Any labor organization officer and employee (other than an employee performing exclusively clerical or custodial services) is required to file a Form LM

- 30

4within 90 days after the end of his/her fiscal year if during that year the office r or employee received certain payments from, or had certain interests in: (1) an employer whose employees the official’s labor organization represents or actively seeks to represent; or (2) an employer or a labor relations consultant to an employer that (a) is in competition with an employer whose employees the official’s labor organization represents or is actively seeking to represent, (b) is a trust in which the official’s labor organization is interested, (c) is a not

- for

- profit organization that rec eives or is actively and directly soliciting money, donations, or contributions from the official’s labor organization, (d) is a labor organization that: (i) has employees the official’s labor organization represents or is actively seeking to represent, ( ii ) has employees in the same occupation as those represented by the official’s labor organization ; (iii) claims jurisdiction over work that is also claimed by the official’s labor organization ; (iv ) is a party to or will be affected by any proceeding in w hich the official has voting or policy

- influencing authority ; or (v ) has made a payment to the official for the purpose

of influencing the outcome of an internal labor organization election; or (e) has interests in actual or potential conflict with the int erests of the official’s labor organization or the official’s duties to the labor organization; or (3) any employer for the purpose of (a) n ot organizing employees; (b) influencing employees in any way with respect to their right to organize; (c) taking a ny action with respect to the status of employees or others as members of a labor organization; (d) taking any action with respect to bargaining or dealing with employers whose employees the official’s labor organization represents or is actively seeking t o represent; or (e) influencing the outcome of an internal labor organization election; or (4) a business (for example, a vendor or a service provider) that meets any of the following conditions: (a) 10% or more of its business consists of buying or se lling or otherwise dealing with an employer whose employees the official’s labor organization represents or is actively seeking to represent, (b) any part of its business consists of buying or selling or otherwise dealing with the official’s labor organiza tion, or (c) any part of its business consists of buying or selling or otherwise dealing with a trust in which the official’s labor organization is interested.

S

- 1, Surety Company Annual Report, 29 CFR Part 409, 29 U.S.C. 441. Each surety

company that issues a bond required by Section 502 of the LMRDA or Section 412 of the Employee Retirement Income Security Act ( ERISA ) is required to file a report within 150 days after the end of its fiscal year describing its bonding experience under the

Acts. The re port provides for detailed information on premiums, loss data, and specific items of losses occurring during the report year.

Simplified Annual Report Format (SAFR)

, 29 CFR Part 403, 29 U.S.C. 431(b). Extremely small labor organizations (those with n o assets, liabilities, receipts or disbursements during the fiscal year) are permitted to have their parent national or international labor organization file the annual financial report on their behalf in a simplified format.

52. Indicate how, by whom, and fo r what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of

the information received from the current collection.

Pursuant to §205 of the LMRDA, the purpose of the reporting requirements is th e public disclosure of administrative information and financial reports for covered labor organizations, labor organization employees and officers, employers, labor relations consultants, and other entities. The information supplied on the reports is used primarily by 1) labor organization members to participate in the govern ance of their labor organizations; 2) workers in making determinations regarding the exercise of their protected rights to organize and bargain collectively; 3) the Department of Labor and other government agencies to detect improper practices on the part of labor organizations, their officers, and/or represe ntatives and other filers; and 4 ) the Congress in oversight and legislative functions. The general public, the media, and researc hers may also use the information for their own purposes.

Violations of Title II and Title III LMRDA reporting requirements may be subject to civil action by the Secretary of Labor or may be referred to the Department of Justice for appropriate criminal a ction. Certain receipts or transactions reported may also involve violations of other Federal laws and may be referred to the Department of Justice for appropriate criminal action.

Since June 2002, an Internet Web site (www.unionreports.gov) makes it pos sible for anyone to view labor organization annual financial reports, conduct data searches, and display the results in a number of user

- definable reports, free of charge. Individuals can view and print facsimiles of reports for year 2000 and later

, and t he reports are searchable by a variety of criteria, including labor organization name, file number, affiliation, designation name and number, and location. The Department’s Office of

Labor

- Management Standards (OLMS) Web site ( www.olms.dol.gov ) also features a powerful search system where users can search for specific labor organizations. Users can obtain information about labor organization officers and employees and payers and payees, define the scope of the search t o be conducted, and generate a number of reports using the search results. Users can also download archive files that contain raw data in pipe delimited format of labor organization financial information as reported for public disclosure.

Reports filed by employers, labor relations consultants, and labor organization officers and employees for year 2000 and later can also be viewed at the Web site and earlier reports can be ordered there.

Copies of every report submitted are also maintained for public inspection and copying, upon request, at the U.S. Department of Labor, Room N

- 1519, 200 Constitution Avenue, NW, Washington, D.C. 20210. OLMS receives approximately 2 81 requests per month for public disclosure of reports.

63

. Describe whether, and to wh at extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for th e decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burdens.

The Department has developed an Electronic Labor Organization Reporting System (e.LORS) that utilizes electronic technol ogy to receive , maintain, and disclose the information collected under the LMRDA. The objectives of the e.LORS system include permitting the electronic filing of Form LM

- 2, LM

- 3, LM

- 4 , and LM

- 30 ; disclosure of reports via a searchable Internet database; i mproving the accuracy, completeness and timeliness of reports; and creating efficiency gains in the reporting system. Effective use of the system reduces the burden on reporting organizations, provides increased as well as more accessible and more timely information to labor organization members, and enhances LMRDA enforcement by the Department.

The Government Paperwork Elimination Act, 44 U.S.C. 3504 (codified in note)

, requires public agencies to provide the public with the option of maintaining, submi tting, or disclosing required information collections electronically when practicable. The Department has developed the Electronic Forms System (EFS), which is a web

- based
system that permits filers to complete and submit Form LM

- 2, LM

- 3, LM

- 4 , and LM

- 30 electronically. The Department intends to update its reporting system to enable all forms to be submitted electronically in the coming years. Currently, only the Form LM

- 2 filers are required to file electronically, although the Department, through this ICR revision, is seeking to expand this mandate to Form LM

- 3 and LM

- 4 filers.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in I tem A.2 above.

Other than certain financial data received by the Internal Revenue Service (IRS)

, there is no duplication of existing labor organization reporting requirements, nor is similar information required by any other federal agency or statute.

To prevent duplication with the forms, a labor organization is not required to report a Political Action Committee (PAC) fund, if publicly available reports on the PAC's funds are filed with federal or state agencies.

The Form LM

- 30 requires labor organiz ation officers and employees to report certain payments from employers. Form LM

- 10 requires employers to report, among other

matters , certain payments to labor organization officers and employees and certain agreements and activities involving labor relat ions consultants. Forms LM

- 20 and LM

21 require labor relations consultants to report certain agreements with employers and payments pursuant to such agreements. This results in some duplicate reporting, a

7result mandated by Congress in designing paralle l reporting schemes to facilitate compliance and public disclosure . See 29 U.S.C. §§ 432, 433.

5

. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

OLMS reduces burden wher e practicable and where transparency goals would not be sacrificed. For example, the Forms LM

- 3 and LM

- 4 are less detailed than the Form LM

2 (the latter filed by the largest labor organizations) and the SAFR allows a parent

national or international lab or organization to file a simplified annual financial report on

behalf of certain extremely small affiliated labor organizations

.

6. Describe the consequence to federal program or policy activities if the

collection is not conducted or is conducted less f requently, as well as any technical or legal obstacles to reducing burden.

Section 207 of the LMRDA sets freq uencies for filings of reports. If the information were collected less frequently

, the obligations of the statute would not be met and the Depart ment would not have current information available to make the essential public disclosure and to conduct enforcement and oversight activities.

7

. Explain any special circumstances that would cause an information collection

to be conducted in a manner:

• requiring respondents to report information to the agency more often than quarterly;

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• requiring respondents to submit more than an original and two copies of any document;

• requiring respondents to retain records, other than health, medical, government contract, grant

- in

- aid, or tax records for more than three

years;

• in connection with a statistical survey, that is not d esigned to produce valid and reliable results that can be generalized to the universe of study;

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• that includes a pledge of confidentiality that is n ot supported by authority established in statute or regulation, that is not supported

8by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidenti al use; or

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

Reco rds necessary to verify the required reports must be maintained for at least five years after the report is filed , which is t he only special circumstance that requires this collection to be conducted in a manner inconsistent with the general guidelines in 5
CFR 1320.6. The five

- year retention period is established by the LMRDA (LMRDA Sec. 206, 29 U.S.C. 436).

8. If applicable, provide a copy and identify the data and page number of publication in the **Federal Register** of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comm ents received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format ( if any), and on the data elements to be recorded, disclosed, or reported.

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years

-- even if the collect ion of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The Department is publish ing a 60

- day notice seeking comment on the revision of this

information collection

.

9

. Explain any decision to provide any payment or gift to respondents, other than

re

- numeration of contractors or grantees.

The Department does not provide any payment or gift to respondents.

10

. Describe a ny assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. (Note: If the submission will serve as Joint ICR and Privacy Impact Assessment per OMB

Memorandum 03

- 22, Section II.D, the r elevant justification shall be included as part of the agency’s response to this Item)

9The contents of the reports filed pursuant to the LMRDA reporting requirements are

, by

law

, public information. Therefore, no assurances of confidentiality are provide d.

11

. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the a gency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their

consent.

N o sensitive information is collec ted on the form s

.

1 2

. Provide estimates of the hour burden of the collection of information. The

statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.

Unl ess directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is
expect ed to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wag e rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

Table 1 details the annualized reporting and recordkeeping burd en for all LMRDA public

disclosure forms

, and Table 2 details the annualized corresponding respondent cost estimates for such forms. The estimated number of reports in Table 1 reflects filing figures based on the average number of reports received from fi scal year s 2008

- 2012. In previous ICRs, the Department based its estimates on data from the previous fiscal year, but it now considers a five

- year average the better approach, as it takes into account yearly fluctuation in data. The use of a five

- year av erage increase d the number

of Form LM

- 2 responses and resulted in an increase in the total burden hours for the

Form LM

- 2 and annualized burden hours for all forms. However, t he burden hours per form are unchanged from prior estimates, as provided in the forms’ accompanying

10instructions, with the exception of Forms LM

- 2, LM

- 3, and LM

- 4. The Department has reduced the reporting burden for each of these forms as the result of its release of EFS.

In October 2010, OLMS successfully launched its second

- genera tion electronic filing program, the Electronic Forms System (EFS), which does not rely on third

- party software or require the purchase of digital signatures; instead, EFS is a secure, web

based system that uses electronic signatures which the filing organi zation’s two principle officers register for, along with the union obtaining a personal identification number (PIN) each year. EFS not only represents a significant cost savings, but a time savings as well.

The estimates provided in the below tables are identical to those of the Department’s most recent extension request for OMB #1245

- 0003. Although the Department is now amending the Form LM

- 3 and LM

- 4 instructions to require electronic filing via EFS, as well as amend the hardship exemption process for Form LM

- 2 filers, the Department

made EFS available to Form LM

- 3 and LM

- 4 filers in 2011, anticipating that virtually all filers would take advantage of it

. As a result, for its last three

- year ICR renewal, in August 2013, the Department already estimated the cost savings associated with such electronic filing. Although the Department anticipated that all Form LM

- 3 and LM

- 4 filers would utilize EFS, not just the 40% of Form LM

- 3 filers and 37% of Form LM

- 4 filers that currently take advantage of the syste m, this amended ICR would mandate such filing, thus enabling all such filers to actualize the previously estimated burden reductions. Further, the Department does not estimate any burden change for Form LM

- 2 filers, as no filers have utilized the hardship exemption process in recent years.

TABLE 1

ANNUALIZED REPORTING AND RECORDKEEPING BURDEN

Form Responses Hours Per Response for Reporting Reporting

Burden H ours Hours per Response for Recordkeeping Recordkeeping

Burden Hours Total Hours

LM

- 1 2 13 0. 83 1 76.8 0.09 19.2 196.0

LM

- 2 6,073 14 0

. 2 0 85 1,434.5 390.00 2, 368, 470 .0 3,219, 904 .5

LM

- 2 Subsidiary Reporting* 577 18.00 10,3 86 .0 69.71 40, 222.7 50, 608.7

LM

- 3 12, 039 38.74 466,3 90. 9 64.00 770,4 96 1,2 36

, 886.9

LM

- 4 7,387 7.18 53,03 8. 7 2.00 14,77 4 67,81 2. 7

LM

- 10 957 2.03 1,942.7 0.42 401.9 2,344. 6

LM

- 15 310 1.50 465. 0 0.33 102. 3 567. 3

LM

- 15A 33 0.33 10.9 0.03 1.0 11.9

LM

- 16 79 0.33 26.1 0.02 1.6 27.7

LM

- 20 387 1.38 534.1 0.25 96.8 630. 9

LM

- 21 72 0.50 3 6 0.08 5. 8 41. 8

LM

- 30 1,474 1.67 2,461. 6 0.33 48 6.4 2,94 8 .0

S

- 1 75 0.50 37. 5 0.08 6.0 43. 5

SARF** 1,825 0.17 310. 3 0.03 54, 8 365. 1

Total 31, 501

-- 1, 387, 2 51. 1

-- 3,19 5,138.5 4, 582, 3 8 9. 6

11Annualized

Note: Some numbers may not add due to rounding.

* The burden described here is for those Form LM

- 2 fi lers that also have subsidiary organizations. The

burden for Form LM

- 3 subsidiary reporting is included in the Form LM

- 3 burden numbers.

** Simplified Annual Report Format

Table 2 shows estimates of the annualized cost to respondents for the hour burden s for

the information collection. Source information for non

- labor organization salaries is from

the Occupational Employment and Wages Survey, 20 12 survey, Table s 1 and 6, from the Bureau of Labor Statistics (BLS), Occupational Employment Statistics (OES) Program

. Source information for labor organization salaries is taken directly from annual reports filed with the Department and retrievable through e.LORS

. Further, t he Department determined the total compensation (salary plus fringe benefits) for each position by increasing each of the hourly wage rate s by 4 2 %

, which is the percentage total of the average hourly benefits compensation figure ( $8. 57 in December 20 12 ) over the average hourly wage figure ($20. 32 in December 20 12 )

. See Employer Costs for

Em ployee Compensation Summary, from the BLS at http://www.bls.gov/news.release/archives/ecec_03122013.pdf

. The “responses” in

Table 2 reflect totals described in Table 1.

TABLE 2

ANNUALIZED RESPONDENT COST ESTIMATES

Form Responses Burden

Hours Monetized

Burden Hour

Cost

LM

- 1 213 196 $6,640

LM

- 2 6,073 3,219, 90 5 $1 5 0, 4 33,962

LM

- 2 Subsidiary Reporting* 577 50, 60 9 $ 1,42 8

, 16 6

LM

- 3 12,039 1,236,8 87 $42,907, 61 0

LM

- 4 7,387 67 ,81 3 $2,29 8,183

LM

- 10 9 5 7 2,345 $ 212,564

LM

- 15 310 56 7 $33,8 27

LM

- 15A 33 12 $840

LM

- 16 79 28 $ 1,959

LM

- 20 387 631 $ 57,189

LM

- 21 72 42 $3,775

LM

- 30 1,474 2,948 135,926

S

- 1 75 4 4 $2,1 9 4

SARF** 1,825 365 $ 9,498

Annualized 31, 501 4, 582, 3 9 2 $ 19 7,5 32,333

Note: Some numbers may not add due to rounding

.

12* The burden described here is for those Form LM

- 2 filers that also have subsidiary organizations. The burden for Form LM

- 3 subsidiary reporting

is included in the Form LM

- 3 burden numbers.

** Simplified Annual Report Format

1 3

. Provide an estimate of the total annual cost burden to respondents or

record

- keepers resulting from the collection of information. (Do not include the cost of any ho ur burden shown in Items A.12 and A.14).

• The cost estimate should be split into two components: (a) a total capital and start

- up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase

of servic es component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisiti on, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start

- up costs include, among other items, preparations for collecting information such as purchasing computers and

sof tware; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing o r contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60

- day pre

- OMB submission public comment pr ocess and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1 ) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual b usiness or private practices.

There are no operation and maintenance costs to respondents or recordkeepers resulting from the collection of information beyond the cost of the burden hours

addressed in Item 1 2 . Any capital investments including computers and software that are usual and customary expenses incurred by persons in the normal course of their business are excluded from the regulatory definition of burden as capital investments.

1314. Provide estimates of annualized cost to the Federal Government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would

not have been incurred withou t this collection of information. Agencies also may aggregate cost estimates from Items A.12, A.13, and A.14 in a single table.

Table 8 provides a summary of federal costs associated with the information collections

included in OMB # 1245

- 0003 . Federal estimated costs include costs for contractors and operational expenses such as equipment, overhead, and printing as well as

salaries and benefits for the OLMS staff in the National Office and field offices who are involved with reporting and disclosure act ivities. These estimates include time devoted to: (a) receipt and processing of reports; (b) disclosing reports to the public; (c) obtaining delinquent reports; (d) reviewing reports, (e) obtaining amended reports if reports are determined to be deficient ; and (f) providing compliance assistance training on recordkeeping and reporting requirements.

The OLMS national and field staff costs were derived from the GS scale. OLMS derived the other costs, associated with contractors, office space, and overhe ad and supplies, from its operating budget.

TABLE 3

ANNUALIZED FEDERAL COST ESTIMATES

National Office $ 1,825,935

Field Offices $ 3,279,173

Total $ 5,105,108

15. Explain the reasons for any program change s or adjustments.

There are no changes from the previous ICR extension request.

16. For collections of information whose results will be published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

OLMS publishes the information collected pursuant to the LMRDA as r eported

. T he submitted reports are made public via the OLMS website or upon request. While the public may download data from the published reports, OLMS does not post analyses of

the data on its website.

141 7

. If seeking approval to not display the ex piration date for OMB approval of the

information collection , explain the reasons that display would be inappropriate.

The Department is not seeking an exemption from the display of the expiration date of the OMB approval of the information collection.

1 8

. Explain each exception to the certification statement in ROCIS.

The Department is not requesting any exceptions to the certification statement required by the Paperwork Reduction Act. The Department is able to certify compliance with all provisions

.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This information collection does not employ statistical metho d s.

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