Chapter VIII. Division of Labor and Management Practices

Subchapter A Reports and Records

Part 550 Labor and Management Improper Practices Act-Rules and Regulations

Section 550.1 [Repealed]

Section 550.2 [Repealed]

Section 550.3 [Repealed]

Section 550.4 [Repealed]

Section 550.5 [Repealed]

Subpart 550-1 Definitions

Section 550-1.1 Definitions.

As used in this Part:

(a) Act means article 20-A of the Labor Law.

(b) Fiscal year means the calendar year or other period of 12 consecutive calendar months on the basis of which financial accounts are kept. Where a new fiscal year period is designated prior to the expiration of a previously established fiscal year, the resultant period of less than 12 consecutive calendar months and thereafter the newly established fiscal year shall in that order each constitute a fiscal year. A person or organization subject to the act for only a portion of his or its fiscal year shall consider such portion as the entire fiscal year.

Subpart 550-2 Financial Reports

Section 550-2.1 Financial reports.

(a) Every labor organization and employer organization shall make available to all of its members within five months after the end of its fiscal year a copy of its annual financial report. The report of a labor organization shall be in a form similar to the form set forth in Appendix E, infra, and shall contain all of the information listed in Appendix E, infra. The Industrial Commissioner shall supply, on request, instructions for preparing the financial report. The report of an employer organization shall be in a form similar to the form set forth in Appendix F, infra, and shall contain all of the information listed in Appendix F, infra.

(b) The president or chief executive officer and the treasurer or chief financial officer of the organization personally shall be responsible for the preparation of the financial report, and both shall verify such report.

(c) If a labor organization is in trusteeship the trustee or trustees shall be responsible for the preparation of the report and shall verify such report.

(d) In lieu of the form set forth in Appendix E, infra a labor organization may make available to its members a copy of the report filed with the Federal government under the provisions of the Labor-Management Reporting and Disclosure Act.

(e) Every labor organization and employer organization shall be under a duty to permit its members for just cause to examine any books, records and accounts necessary to verify the annual financial report.

Subpart 550-3 Maintenance and Retention of Records

Section 550-3.1 By labor organization and employer organization.

(a) Every labor organization and employer organization shall establish and maintain records which will provide in sufficient detail the necessary basic information and data from which the annual financial report may be verified, explained or clarified, and checked for accuracy and completeness, and shall include, without limitation:

(1) Gross receipts

(i) the amount and date of each receipt

(ii) the name of the source of each receipt

(iii) the occasion or reason for such receipt, e.g., assessments, dues, etc., together with documentary verification of such information

(2) Bank statements

(3) Duplicate bank deposit slips or record book of bank deposits

(4) Duplicate dues and assessment receipts

(5) Collective bargaining agreements

(6) Gross disbursements

(i) the amount and date of each disbursement

(ii) the name of the recipient of each disbursement

(iii) the purpose of each disbursement

(7) Cancelled checks

(8) Invoices

(9) Petty cash vouchers

(10) Receipted bills

(11) Authorization to expend money, such as resolutions.

In addition to the foregoing the records of a labor organization shall contain information on receipts from fines, work permit fees and from check-offs.

(b) All such records shall be kept available for examination for a period of not less than five years after the end of the fiscal year.

Section 550-3.2 By employer.

(a) Every employer subject to the act shall maintain detailed and accurate books and records of account which shall include, without limitation:

(1) Bank statements

(2) Gross disbursements

(i) the amount and date of each disbursement

(ii) the name of the recipient of each disbursement

(iii) the purpose of each disbursement

(3) Cancelled checks

(4) Collective bargaining agreements

(5) Payroll sheets

(6) Petty cash vouchers.

(b) All such records shall be kept available for examination for a period of not less than five years after the end of the fiscal year.

Section 550-3.3 By labor relations consultant.

(a) Every labor relations consultant shall maintain detailed and accurate books and records of account which shall include, without limitation:

(1) Gross receipts

(i) the amount and date of each receipt

(ii) the source of each receipt

(iii) the occasion or reason for each receipt

(2) Bank statements

(3) Duplicate deposit slips or record book of bank deposits

(4) Gross disbursements

(i) the amount and date of each disbursement

(ii) the name of the recipient of each disbursement

(iii) the reason for each disbursement

(5) Cancelled checks

(6) Invoices

(7) Petty cash vouchers

(8) Copies of agreements in relation to his activities concerning employee organizing or collective bargaining.

(b) All such records shall be kept available for examination for a period of not less than five years after the end of the fiscal year.

Part 551 (Repealed)

Section 551.1 -- 551.4 [Repealed]