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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Pages 100540-100541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29218]

[[Page 100540]]

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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.

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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 www.reginfo.gov/public/do/PRAMain. 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 [email protected].

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
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