The Local 13 2013 LM-2 signed by Mark Williams on March 28 2014, contains false statements and intentionally misrepresents material facts, in direct violation of the LMRDA reporting requirements.
Mark Williams intentionally failed to properly list all the labor organizations officers and report all salaries and other direct and indirect disbursements to officers during the reporting period, when he failed to list payments made to Executive Board members.
During the 2013 reporting period Local 13 paid 12 members of the 25 member Executive Board, as unidentified employees earning less than $10,000 which in turn was not reported as required, and it was Mark Williams that failed to properly report the information as required.
According to the LM-2 instructions: http://www.dol.gov/olms/regs/compliance/EFS/LM-2_InstructionsEFS.pdf
The president and treasurer or the corresponding principal officers of the labor organization required to sign Form LM-2 are personally responsible for its filing and accuracy. Under the LMRDA, officers are subject to criminal penalties for willful failure to file a required report and for false reporting. False reporting includes making any false statement or misrepresentation of a material fact while knowing it to be false, or for knowingly failing to disclose a material fact in a required report or in the information required to be contained in it or in any information required to be submitted with it.
The president and treasurer or the corresponding principal officers of the labor organization required to sign Form LM-2 are personally responsible for its filing and accuracy. Under the LMRDA, officers are subject to criminal penalties for willful failure to file a required report and for false reporting. False reporting includes making any false statement or misrepresentation of a material fact while knowing it to be false, or for knowingly failing to disclose a material fact in a required report or in the information required to be contained in it or in any information required to be submitted with it.
The reporting labor organization and the officers required to sign Form LM-2 are also subject to civil prosecution for violations of the filing requirements. Section 210 of the LMRDA (29 U.S.C. 440) provides that “whenever it shall appear that any person has violated or is about to violate any of the provisions of this title, the Secretary may bring a civil action for such relief (including injunctions) as may be appropriate.”
Under the CSRA and FSA and implementing regulations, false reporting and failure to report may result in administrative enforcement action and litigation. The officers responsible for signing Form LM-2 are also subject to criminal penalties for false reporting and perjury under Sections 1001 of Title 18 and 1746 of Title 28 of the United States Code.
Is this just another example of the ILWU being allowed to do what ever it likes, or is someone (the DOL) going to step up and tell them to knock it off, then make them do it right? Local 13 – LM-2 – 2013
By the way, the Local claims they were audited. Oh my, what a surprise.