Are employee benefit plan trustees who are appointed by a union considered to be union representatives?
A35. Yes. An individual appointed by a union to serve on the board of trustees of a Taft-Hartley plan is a “union official” for purposes of the reporting requirements. Q36. Does an employer have to report payments to individuals who are officers or employees of unions composed entirely of state, county, or municipal employees not covered by the LMRDA? How would an employer know if a union included a small number of members who are employed by private employers? A36. No. The LMRDA excludes from the definition of employer the United States or any corporation wholly owned by the Government of the United States or any State or political subdivision thereof. 29 U.S.C. § 402(e). The LMRDA’s definitions of “employee” and “labor organization” rely on the definition of “employer.” 29 U.S.C. §§ 402(f) and (i). Thus, unions representing exclusively public sector workers are not LMRDA covered labor organizations. Payments to officers or employees of such unions are not required to be reported on F
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