U.S. Department of Labor
Office of Labor-Management Standards
Chicago District Office
Federal Office Building
230 South Dearborn Street, Suite 774
Chicago, IL 60604
(312) 596-7160 Fax: (312) 596-7174
September 30, 2010
Mr. David Glancy, President
Glass Molders, Pottery & Plastics Local 316-B
216 Greeley Ave
Michigan City, IN 46360-3840 Case Number: ||||||||||
LM Number: 011919
Dear Mr. Glancy:
This office has recently completed an audit of Glass Molders, Pottery & Plastics Local 316-B 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 you, new Financial Secretary Phil Grams and Chief Trustee Dennis Teets on September 29, 2010, 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-3 filed by Local 316-B for fiscal year ending October 31, 2009, was deficient in that it failed to indicate that changes had been made to the Local’s bylaws.
1. Failure to File Bylaws
The audit disclosed a violation of LMRDA Section 201(a), which requires that a union submit a copy of its revised constitution and bylaws with its LM report when it makes changes to its constitution or bylaws. Local 316-B amended its constitution and bylaws in 2006, but did not file a copy with its LM report for that year or any year thereafter. You advised that the bylaws were submitted by your parent body after final approval, who you understood would forward them on to OLMS, however the bylaws may have “been lost” during the process. To insure future compliance with this provision of the LMRDA, simply attach a copy of the final approved document to the LM report for the fiscal year during which the change occurs.
I want to extend my personal appreciation to Glass Molders, Pottery & Plastics Local 316-B 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: Phil Grams, Financial Secretary,
Larry Cowgill