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DOL/ESA

RIN: 1215-AB54

Publication ID: Spring 2006

Title: ●Labor Organization Annual Financial Trust Reports: Form T-1
Abstract: This rule will implement revisions to reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959, as Amended (LMRDA), for trusts in which labor organizations are interested. Such trusts include a "trust of other fund or organization (1) which was created or established by a labor organization, or one or more of the trustees or one or more members of the governing body or which is selected or appointed by a labor organization and (2) a primary purpose of which is to provide benefits for the members of such labor organization or their beneficiaries." 29 U.S.C. 402 (i). This rule will revise existing reporting requirements for such trusts imposed by final rule in 2003 (RIN 1215-AB34). These requirements were found invalid by the U.S. Court of Appeals of the District of Columbia circuit. In a 2005 decision, the appeals court upheld the Department of Labor's authority to require labor organizations to report on the activities of trusts in which they hold an interest, but found that the Department had exceeded its authority by imposing a rule that failed to differentiate between trusts over which a union or unions exercised dominant control and those in which the apparent authority was significantly diluted.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 29 CFR 403.2 29 CFR 403.5 29 CFR 403.8 29 CFR 408.5
Legal Authority: 29 USC 431 29 USC 438

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Final Action	06/00/2006

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: None
Small Entities Affected: Organizations	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Kay H. Oshel Director, Office of Policy, Reports and Disclosure Department of Labor Employment Standards Administration 200 Constitution Avenue NW., FP Building, Room N-5609, Washington, DC 20210 Phone:202 693-1233 TDD Phone:800 877-8399 Fax:202 693-1340 Email: oshel.kay@dol.gov