U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Boston District Office
Room E-365
JFK Federal Building
Boston, MA 02203
(617)624-6690 Fax: (617)624-6606
September 11, 2009
Mr. David Laughton, Secretary-Treasurer
Teamsters JC 10
53 Goffstown Road
Manchester, NH 03102
LM File Number 029-242
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Dear Mr. Laughton:
This office has recently completed an audit of Teamsters JC 10 under the Compliance Audit Program (CAP) to determine your organization’s compliance with the provisions of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). As discussed during the exit interview with Estelle Votour and yourself on June 22, 2009, the following problems were disclosed during the CAP. The matters listed below are not an exhaustive list of all possible problem areas since the audit conducted was limited in scope.
Reporting Violations
The audit disclosed a violation of LMRDA Section 201(b), which requires labor organizations to file annual financial reports accurately disclosing their financial condition and operations. The Labor Organization Annual Report Form LM-2 Joint Council 10 for fiscal year ending December 31, 2009, was deficient in that some Joint Council 10 employees were not being reported on the LM report.
Disbursements to Officers and Employees (LM-2)
The CAP disclosed Joint Council 10 did not include wages to employees totaling at least $126,738 in Schedule 12 (Disbursements to Employees). Joint Council 10 did not report these payments for these employees on Joint Council 10’s LM report. The wages were reported on each employees respective local’s LM report. Each local will be advised by Joint Council 10 to remove the wages paid to each person by the amount reimbursed by Joint Council 10.
The union must report in Column F of Schedules 11 and 12 (Disbursements for Official Business) direct disbursements to officers and employees for reimbursement of expenses they incurred while conducting union business. In addition, the union must report in Column F of Schedules 11 and 12 indirect disbursements made to another party (such as a credit card company) for business expenses union personnel incur. However, the union must report in Schedules 15 through 19 indirect disbursements for business expenses union personnel incur for transportation by public carrier (such as an airline) and for temporary lodging expenses while traveling on union business. The union must report in Column G (Other Disbursements) of Schedules 11 and 12 any direct or indirect disbursements to union personnel for expenses not necessary for conducting union business.
Joint Council 10 filed an amended Form LM-2 for fiscal year ending December 31, 2008, to correct the deficient items discussed above.
I want to extend my personal appreciation to Teamsters JC 10 for the cooperation and courtesy extended during this compliance audit. I strongly recommend that you make sure this letter and the compliance assistance materials provided to you are passed on to future officers. If we can provide any additional assistance, please do not hesitate to call.
Sincerely,
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Investigator
cc: James Carson, President