Maintaining and Retaining Financial and Election Records?

Elizabeth Powell

July 23, 2024

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The Labor-Management Reporting and Disclosure Act (LMRDA) requires labor organizations to meet basic standards and fiscal responsibility. These requirements pertain to financial reports and elections. Section 206 of the LMRDA requires the retention of financial records specifically for five years. Therefore, all types of financial records, beginning from the year 2019 to the current year, must be maintained and retained to comply. Examples of records that state and local affiliates should retain include, but are not limited to, are as follows:

• Original Receipts
• Disbursement journals
• Cancelled checks and checks stubs (a copy of cancelled checks should be provided with the bank statements)
• Bank statements
• Dues Check Off (DCO)
• Vendor invoices
• Payroll records
• Credit card statements
• Vouchers for union expenditures
• Bank deposit and transfer receipts
• Internal union financial reports and statements
• Executive Board and General Membership meeting minutes
• Accountant documents

It is important to keep all electronic documents, including recordkeeping software used to prepare and retain financial data and records. It is important to ensure that you have a backup storage plan in place for your electronic documents and financial records. Financial records contain Privacy Act protected information, therefore the only method to discard of financial records is to shred them. It is permissible to shred any financial records prior to the year 2019.

Are there criminal provisions if any person willfully violates the provisions of LMRDA? Absolutely! Any Maintaining and Retaining Financial and Election Records? person who willfully makes a false entry in or willfully conceals, withholds, or destroys books, records, reports, or statements required to be retained can be fined up to $10,000 or imprisoned for up to one year, or both. The Secretary-Treasurer’s Department provides virtual training to ensure that local and state presidents and treasurers are aware of their responsibilities. Virtual training is also available for trustees who provide required financial oversight of the funds used for the sole benefit of the members and the union.

Election records must be preserved and retained for one year from when the ballot count has been certified. The LMRDA requires all election records be retained, including membership eligibility lists, copies of nomination and election notices, voting instructions, return envelopes, marked, challenged, unused ballots, and tally sheets. The election official designated in the APWU Constitution and Bylaws is the custodian of the election records. If there is no designated election official, the treasurer should retain the election records.

Union Proud, Say it Loud – Good Contract Now!
If you missed attending the June 24 virtual “kickoff” rally, your participation is needed to continue building union power during contract negotiations. Our current contract expires on Sept. 20, 2024, and contract negotiations will be challenging, as expected. One of the ways you can show your support throughout the negotiations process is to wear APWU gear, especially on Thursdays for Gear Day. The history of the APWU has proven there is always strength in numbers. As a union we have shown we have strength. A Strong Union, A Strong Future!

Fiduciary Responsibility Training
The Secretary-Treasurer’s Department provides virtual fiduciary training for local officers who are unable to attend fiduciary training during the Pre-Convention workshops. We recommend that local and state presidents and treasurers attend at least one Secretary-Treasurer’s Workshop per year. To schedule virtual Fiduciary Responsibility training, contact Annette August-Taylor, Executive Assistant to the Secretary-Treasurer at 202- 842-8538 or email aaugust@apwu.org.

 

 

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