Court upholds U.S. Department of Labor reporting requirements on employer payments to unions

Source: U.S. Department of Labor, Press release, 08-0693-NAT, 5/20/2008

WASHINGTON — On May 5, the U.S. District Court for the Northern District of Georgia dismissed a challenge to the U.S. Department of Labor’s authority to require reports from attorneys who make payments to unions or union officials. The Labor-Management Reporting and Disclosure Act (LMRDA) requires employers to file reports if, among other things, they provide money or other things of value to a union or a union officer or employee.

In this case, Warshauer v. Chao, an attorney who had been appointed as a designated legal counsel by the United Transportation Union (UTU) sued to enjoin the secretary of labor from requiring him to file a Form LM-10 (Employer Report). Designated legal counsel are lawyers recommended by a union to its members for representation in workers’ compensation, personal injury or other matters.

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