SUPPLEMENTARY INFORMATION:

In 1959, Congress enacted the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. 401 et seq. to establish requirements for private-sector labor organizations, including the disclosure of financial and other information; standards for unions democracy, such as the election of officers and the establishment of trusteeships; and financial safeguards. The LMRDA also established reporting and disclosure requirements for employers in the private sector and their labor relations consultants, see29 U.S.C. 402(e), (m). Congress also extended LMRDA requirements to labor organizations composed of U.S. Postal Service employees.

Labor organizations that represent employees of the executive branch agencies of the Federal Government, the Library of Congress, the Government Printing Office, and certain employees of the U.S. Congress are subject to the standards of conduct requirements of the Civil Service Reform Act (CSRA), 5 U.S.C. 7120, the Foreign Service Act (FSA), 22 U.S.C. 4117, or the Congressional Accountability Act of 1995 (CAA), 2 U.S.C. 1301. These latter Acts and the implementing regulations at 29 CFR 457.10-.20 provide that, in administering the standards of conduct, the Department will be guided by the interpretations and policies followed by the Department of Labor in applying provisions of the LMRDA. 29 CFR 458.1.

As part of the Department's responsibilities, LMRDA section 601(a) provides that the Secretary of Labor has the power to investigate any person who has violated or is about to violate most provisions of the LMRDA, and may enter places, inspect records and accounts, and question individuals to determine the facts of an investigation. 29 U.S.C. 521(a). In addition, LMRDA sections 304(a) and 402(b) require the Secretary of Labor to investigate complaints filed by members of a labor organization regarding violations of trusteeship or the election of officers. 29 U.S.C. 464, 482. The investigative and enforcement functions of the Secretary of Labor under the LMRDA and other relevant statutes have been delegated to the Office of Labor-Management Standards (OLMS). 77 FR 69376. Consistent with this delegation, the Department, through OLMS, accepts complaints, questions, and tips regarding the application and potential violations of the LMRDA and other relevant federal laws as part of conducting an investigation or potential enforcement action.

In May 2024, the Department's Office of Inspector General (OIG) issued a report to OLMS with recommendations on how to improve enforcement.^[1] One of these recommendations concerned the development of an online system to intake, track, and monitor submissions from the public alleging violations of the employer and labor relations consultant reporting requirements. At that time, a member of the public ( printed page 66167) attempting to submit a complaint, question, or tip to the Department regarding the LMRDA or other relevant federal law could do so solely via telephone or email, leading to potential confusion and inability to ensure their complaint was received and difficulty for OLMS to track the complaint. The OIG found that having an online complaint intake form is the best practice for receiving complaints and tips from the public concerning potential violations of the LMRDA's employer and consultant reporting requirements and recommended that OLMS create an online system through which it could receive such information from the public.

To fulfill the OIG recommendation, and to ensure that members of the public have a clear and efficient method to contact OLMS with complaints, tips, or questions, the Department proposes a new information collection entitled, “OLMS Public Submission Portal.” The OLMS Public Submission Portal would be an online complaint, question, and tip system wherein any member of the public could submit complaints, tips, and inquiries concerning any aspect of the laws enforced by OLMS, specifically, the “Persuader Tip Submission, Union Officer Election Complaint or Inquiry, Embezzlement/Financial Misconduct, LM Report Inquiries, and Public Inquiry and Complaint Forms,” for review by OLMS. These forms would gather information from all respondents including personal contact information, the nature of their issue, and any details OLMS may need to best address their concerns. In relevant cases, an individual would be able to submit the form anonymously if they did not wish to be identified. Upon submission of the form, the respondent would receive confirmation of their submission. OLMS staff would then document the information in a new database and use the information provided on the form to review the issue, contact the submitter when appropriate and when contact information is provided, and determine whether further investigation into the allegations or issues raised may be required. For complaints whose information does not support OLMS action, complainants would be advised and referred to an appropriate agency, if any, for further assistance.

The Department estimates that it will receive approximately 3,500 responses on the OLMS Public Submission Portal, which is based on the Department's current methods of collecting complaints via email. In addition, the Department estimates that approximately 5 percent of these responses will come from respondents who have already filed a form on the OLMS Public Submission Portal, leading to a total of 3,325 annual respondents. Finally, the Department estimates that, based on the length and relative non-complexity of the forms, each response will take approximately 10 minutes to complete. As a result, the Department estimates an annual burden hour total of 583.33 hours for this information collection.

The Department invites comments on how members of the public would use the OLMS Public Submission Portal and the associated burden estimates. Comments submitted in response to this notice will be summarized and/or included in the submission to OMB for approval of the information collection request; they will also become a matter of public record. Commenters are encouraged not to submit sensitive information ( e.g., confidential business information, personally identifiable information such as a social security number).

This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See5 CFR 1320.5(a) and 1320.6.

The Department seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal.

Agency: DOL-OLMS.

Type of Review: New.

Title of Collection: OLMS Public Submission Portal.

OMB Control Number: 1245-0NEW.

Affected Public: Private Sector.

Total Estimated Number of Respondents: 3,325.

Frequency: Varies.

Total Estimated Number of Responses: 3,500.

Estimated Average Time per Response: 10 minutes.

Total Estimated Annual Time Burden: 595 hours.

Total Estimated Annual Other Costs Burden: $0.

(Authority: 44 U.S.C. 3506(c)(2)(A)).