LM2 Operating Engineers local 138 LMS# 045-683 (7/1/2004-6/30/2005) Last revised 11/11/2005

LM2 Operating Engineers local 138 LMS# 045-683 (7/1/2004-6/30/2005) Last revised 08/14/2007

FORM LM-2 LABOR ORGANIZATION ANNUAL REPORT

Form Approved
Office of Management and Budget
No. 1215-0188
Expires: 11-30-2006

MUST BE USED BY LABOR ORGANIZATIONS WITH $250,000 OR MORE IN TOTAL ANNUAL RECEIPTS AND LABOR ORGANIZATIONS IN TRUSTEESHIP

This report is mandatory under P.L. 86-257, as amended. Failure to comply may result in criminal prosecution, fines, or civil penalties as provided by 29 U.S.C. 439 or 440.,

READ THE INSTRUCTIONS CAREFULLY BEFORE PREPARING THIS REPORT.

For Official Use Only

1. FILE NUMBER
045-683

2. PERIOD COVERED
From	7/1/2004
Through	6/30/2005

3.	(a) AMENDED - Is this an amended report:	No
	(b) HARDSHIP - Filed under the hardship procedures:	No
	(c) TERMINAL - This is a terminal report:	No

4. AFFILIATION OR ORGANIZATION NAME ENGINEERS, OPERATING, AFL-CIO
5. DESIGNATION (Local, Lodge, etc.) LOCAL UNION	6. DESIGNATION NBR 138
7. UNIT NAME (if any)

8. MAILING ADDRESS (Type or print in capital letters)
First Name WILLIAM	Last Name DUFFY
P.O Box - Building and Room Number P O BOX 206
Number and Street 137 GAZZA BOULEVARD
City FARMINGDALE
State NY	ZIP Code + 4 11735

9. Are your organization's records kept at its mailing address?

Yes

Each of the undersigned, duly authorized officers of the above labor organization, declares, under penalty of perjury and other applicable penalties of law, that all of the information submitted in this report (including information contained in any accompanying documents) has been examined by the signatory and is, to the best of the undersigned individual's knowledge and belief, true, correct and complete (See Section V on penalties in the instructions.)

26. SIGNED:

William K Duffy

PRESIDENT

27. SIGNED:

Kenneth Huber

TREASURER

Date:

Sep 28, 2005

Contact Info:

Date:

Sep 28, 2005

Contact Info:

Form LM-2 (Revised 2003)

ITEMS 10 THROUGH 21

FILE NUMBER: 045-683

10. During the reporting period did the labor organization create or participate in the administration of a trust or a fund or organization, as defined in the instructions, which provides benefits for members or beneficiaries?	Yes
11. During the reporting period did the labor organization have a Political Action Committee (PAC) fund?	Yes
12. During the reporting period did the labor organization have an audit or review of its books and records by an outside accountant or by a parent body auditor/representative?	Yes
13. During the reporting period did the labor organization discover any loss or shortage of funds or other assets? (Answer "Yes" even if there has been repayment or recovery.)	No
14. What is the maximum amount recoverable under the labor organization's fidelity bond for a loss caused by any officer, employee or agent of the labor organization who handled union funds?	$2,000,000
15. During the reporting period did the labor organization acquire or dispose of any assets in a manner other than purchase or sale?	Yes
16. Were any of the labor organization's assets pledged as security or encumbered in any way at the end of the reporting period?	Yes
17. Did the labor organization have any contingent liabilities at the end of the reporting period?	No
18. During the reporting period did the labor organization have any changes in its constitution or bylaws, other than rates of dues and fees, or in practices/procedures listed in the instructions?	No
19. What is the date of the labor organization's next regular election of officers?	08/08

20. How many members did the labor organization have at the end of the reporting period?

2,108

21. What ar the labor organization's rates of dues and fees?

Rates of Dues and Fees
Dues/Fees	Amount		Unit	Minimum	Maximum
(a) Regular Dues/Fees	0	per	MONTH	8	12
(b) Working Dues/Fees	1.73	per	HOUR	0
(c) Initiation Fees	0	per	0	200	500
(d) Transfer Fees	5.00	per	0	0	0
(e) Work Permits	NONE	per	0	0	0

Form LM-2 (Revised 2003)

STATEMENT A - ASSETS AND LIABILITIES

FILE NUMBER: 045-683

ASSETS

ASSETS	Schedule Number	Start of Reporting Period (A)	End of Reporting Period (B)
22. Cash		$858,435	$1,098,588
23. Accounts Receivable	1	$0	$226,104
24. Loans Receivable	2	$0	$0
25. U.S. Treasury Securities		$0	$0
26. Investments	5	$250,319	$269,659
27. Fixed Assets	6	$192,824	$158,238
28. Other Assets	7	$97,866	$31,173
29. TOTAL ASSETS		$1,399,444	$1,783,762

LIABILITIES

LIABILITIES	Schedule Number	Start of Reporting Period (A)	End of Reporting Period (B)
30. Accounts Payable	8	$0	$68,319
31. Loans Payable	9	$64,808	$17,708
32. Mortgages Payable		$0	$0
33. Other Liabilities	10	$5,105	$0
34. TOTAL LIABILITIES		$69,913	$86,027

35. NET ASSETS

$1,329,531

$1,697,735

Form LM-2 (Revised 2003)

STATEMENT B - RECEIPTS AND DISBURSEMENTS

FILE NUMBER: 045-683

CASH RECEIPTS	SCH	AMOUNT
36. Dues and Agency Fees		$2,701,986
37. Per Capita Tax		$0
38. Fees, Fines, Assessments, Work Permits		$48,638
39. Sale of Supplies		$5,387
40. Interest		$13,055
41. Dividends		$9,726
42. Rents		$256,950
43. Sale of Investments and Fixed Assets	3	$9,541
44. Loans Obtained	9	$0
45. Repayments of Loans Made	2	$0
46. On Behalf of Affiliates for Transmittal to Them		$0
47. From Members for Disbursement on Their Behalf		$0
48. Other Receipts	14	$350,890
49. TOTAL RECEIPTS		$3,396,173

CASH DISBURSEMENTS		SCH	AMOUNT
50. Representational Activities		15	$1,105,787
51. Political Activities and Lobbying		16	$11,505
52. Contributions, Gifts, and Grants		17	$110,167
53. General Overhead		18	$893,178
54. Union Administration		19	$93,289
55. Benefits		20	$529,045
56. Per Capita Tax			$252,487
57. Strike Benefits			$2,995
58. Fees, Fines, Assessments, etc.			$0
59. Supplies for Resale			$0
60. Purchase of Investments and Fixed Assets		4	$60,855
61. Loans Made		2	$0
62. Repayment of Loans Obtained		9	$28,142
63. To Affiliates of Funds Collected on Their Behalf			$0
64. On Behalf of Individual Members			$0
65. Direct Taxes			$68,570

66. Subtotal			$3,156,020
67. Withholding Taxes and Payroll Deductions
67a. Total Withheld	$460,105
67b. Less Total Disbursed	$460,105
67c. Total Withheld But Not Disbursed			$0
68. TOTAL DISBURSEMENTS			$3,156,020

Form LM-2 (Revised 2003)

SCHEDULE 1 - ACCOUNTS RECEIVABLE AGING SCHEDULE

FILE NUMBER: 045-683

Entity or Individual Name (A)	Total Account Receivable (B)	90-180 Days Past Due (C)	180+ Days Past Due (D)	Liquidated Account Receivable (E)
Totals from all other accounts receivable	$226,104	$223,586	$1,507	$1,011
TOTALS (Column (B) Total will be automatically entered in Item 23, Column (B))	$226,104	$223,586	$1,507	$1,011

Form LM-2 (Revised 2003)

SCHEDULE 2 - LOANS RECEIVABLE

FILE NUMBER: 045-683

There was no data found for this schedule.

SCHEDULE 3 - SALE OF INVESTMENTS AND FIXED ASSETS

FILE NUMBER: 045-683

Description (if land or buildings give location) (A)	Cost (B)	Book Value (C)	Gross Sales Price (D)	Amount Received (E)
Total of all lines	$87,451	$26,757	$28,499	$9,541
AUTOMOBILE	$43,510	$9,669	$6,900	$6,900
AUOTMOBILE	$43,941	$17,088	$21,599	$2,641

				14. Less Reinvestments	$0
(Net Sales total will automatically entered in Item 43)				15. Net Sales	$9,541

Form LM-2 (Revised 2003)

SCHEDULE 4 - PURCHASE OF INVESTMENTS AND FIXED ASSETS

FILE NUMBER: 045-683

Description (if land or buildings, give location) (A)	Cost (B)	Book Value (C)	Cash Paid (D)
Total of all lines	$60,855	$60,855	$60,855
TELEPHONE UPGRADE	$5,204	$5,204	$5,204
OFFICE FURNITURE	$6,865	$6,865	$6,865
ROOF	$32,000	$32,000	$32,000
MUNICIPAL BOND	$16,638	$16,638	$16,638
MUTUAL FUND	$148	$148	$148

		14. Less Reinvestments	$0
(Net Purchases total will automatically entered in Item 60)		15. Net Purchases	$60,855

Form LM-2 (Revised 2003)

SCHEDULE 5 - INVESTMENTS

FILE NUMBER: 045-683

Description (A)	Amount (B)
Marketable Securities
1. Total Cost	$269,791
2. Total Book Value	$269,659
3. List each marketable security which has a book value over $5000 and exceeds 5% of Line 2.

BLACKROCK LOW DURATION BOND	$69,930
PIMCO TOTAL RETURN	$183,065
TENNESSEE VALLEY AUTHORITY BOND	$16,664

Other Investments
4. Total Cost
5. Total Book Value
6. List each other investment which has a book value over $5000, of Line 5. Also list each Trust which is an investment.

7. Total of Lines 2 and 5 (Total will be automatically entered in Item 26, Column(B))

$269,659

Form LM-2 (Revised 2003)

SCHEDULE 6 - FIXED ASSETS

FILE NUMBER: 045-683

Description (A)	Cost or Other Basis (B)	Total Depreciation or Amount Expensed (C)	Book Value (D)	Value (E)
1. 137 GAZZA BOULEVARD	$24,997		$24,997	$24,997

3. 137 GAZZA BOULEVARD

$628,962

$511,710

$117,253

5. Automobiles and Other Vehicles

$46,072

$30,714

$15,357

6. Office Furniture and Equipment

$21,057

$20,426

$631

7. Other Fixed Assets

8. Totals of Lines 1 through 7 (Column(D) Total will be automatically entered in Item 27, Column(B))

$721,088

$562,850

$158,238

Form LM-2 (Revised 2003)

SCHEDULE 7 - OTHER ASSETS

FILE NUMBER: 045-683

Description (A)	Book Value (B)
Total Other Assets (Total will be automatically entered in Item 28, Column(B))	$31,173
INVENTORY	$30,180
DUE FROM RELATED ORGANIZATIONS	$993

Form LM-2 (Revised 2003)

SCHEDULE 8 - ACCOUNTS PAYABLE AGING SCHEDULE

FILE NUMBER: 045-683

Entity or Individual Name (A)	Total Account Payable (B)	90-180 Days Past Due (C)	180+ Days Past Due (D)	Liquidated Account (E)
Total from all other accounts payable	$68,319	$0	$0	$0
Total Accounts Payable (Column(B) Total will be automatically entered in Item 30, Column(D))	$68,319	$0	$0	$0

Form LM-2 (Revised 2003)

SCHEDULE 9 - LOANS PAYABLE

FILE NUMBER: 045-683

Source of Loans Payable at Any Time During the Reporting Period (A)	Loans Owed at Start of Period (B)	Loans Obtained During Period (C)	Repayment During Period Cash (D)(1)	Repayment During Period Other Than Cash (D)(1)	Loans Owed at End of Period (E)
Total Loans Payable	$64,808	$0	$28,142	$18,958	$17,708
Totals will be automatically entered in...	Item 31 Column (C)	Item 44	Item 62	Item 69 with Explanation	Item 31 Column (D)
FORD MOTOR COMPANY	$17,454	$0	$17,454	$0	$0
NORTH FORK BANK	$21,146	$0	$2,188	$18,958	$0
NORTH FORK BANK	$26,208	$0	$8,500	$0	$17,708

Form LM-2 (Revised 2003)

SCHEDULE 10 - OTHER LIABILITIES

FILE NUMBER: 045-683

There was no data found for this schedule.

SCHEDULE 11 - ALL OFFICERS AND DISBURSEMENTS TO OFFICERS

FILE NUMBER: 045-683

(A)
Name

(B)
Title

(D)
Gross Salary
Disbursements
(before any
deductions)

(E)
Allowances
Disbursed

(F)
Disbursements for Official Business

(G)
Other
Disbursements not reported in
(D) thru (F)

(H)
TOTAL

A
B
C

WILLIAM DUFFY
PRES / BUS. MGR
C

$173,910

$10,855

$11,959

$196,724

Schedule 15
Representational Activities

93 %

Schedule 16
Political Activities and Lobbying

2 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

5 %

Schedule 19
Administration

0 %

A
B
C

JOHN DUFFY
VICE PRESIDENT
C

Schedule 15
Representational Activities

98 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

JOHN SOMMESO
RECORDING SECTY
P

Schedule 15
Representational Activities

7 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

86 %

Schedule 19
Administration

7 %

A
B
C

PHILLIP CAPOBIANCO
FINANCIAL SECTY
C

Schedule 15
Representational Activities

96 %

Schedule 16
Political Activities and Lobbying

2 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

2 %

Schedule 19
Administration

0 %

A
B
C

KENNETH HUBER
TREASURER
C

Schedule 15
Representational Activities

97 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

1 %

A
B
C

BRUCE MERINGOLA
RECORDING SECTY
N

Schedule 15
Representational Activities

99 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

FRED CARMAN
CONDUCTOR
C

$300

Schedule 15
Representational Activities

100 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

0 %

Schedule 19
Administration

0 %

A
B
C

ROBERT GRIFFIN
TRUSTEE
C

Schedule 15
Representational Activities

100 %

Schedule 16
Political Activities and Lobbying

Schedule 17
Contributions

Schedule 18
General Overhead

Schedule 19
Administration

A
B
C

THOMAS WALTERS
TRUSTEE
C

$300

$917

$1,217

Schedule 15
Representational Activities

100 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

0 %

Schedule 19
Administration

0 %

A
B
C

DENNIS ADRIAN
GUARD
N

Schedule 15
Representational Activities

98 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

ROBERT AHEARN
AUDITOR
C

Schedule 15
Representational Activities

98 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

TINO SARMIENTO
AUDITOR
C

Schedule 15
Representational Activities

100 %

Schedule 16
Political Activities and Lobbying

Schedule 17
Contributions

Schedule 18
General Overhead

Schedule 19
Administration

A
B
C

WILLIAM DUFFY, JR.
TRUSTEE
C

Schedule 15
Representational Activities

7 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

86 %

Schedule 19
Administration

7 %

A
B
C

DANNY FRANK
AUDITOR
N

Schedule 15
Representational Activities

100 %

Schedule 16
Political Activities and Lobbying

Schedule 17
Contributions

Schedule 18
General Overhead

Schedule 19
Administration

Total Officer Disbursements	$174,510	$10,855	$12,876	$0	$198,241
Less Deductions					$83,631
Net Disbursements					$114,610

Form LM-2 (Revised 2003)

SCHEDULE 12 - DISBURSEMENTS TO EMPLOYEES

FILE NUMBER: 045-683

(A)
Name

(B)
Title

(D)
Gross Salary
Disbursements
(before any
deductions)

(E)
Allowances Disbursed

(F)
Disbursements for Official Business

(G)
Other Disbursements not reported in
(D) thru (F)

(H)
TOTAL

A
B
C

PHILLIP CAPOBIANCO
BUSINESS AGENT
C

$124,462

$22,975

$9,286

$156,723

Schedule 15
Representational Activities

96 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

3 %

Schedule 19
Administration

0 %

A
B
C

JOHN SOMMESO
ADMINISTRATOR
C

$101,713

$4,545

$1,444

$107,702

Schedule 15
Representational Activities

7 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

86 %

Schedule 19
Administration

7 %

A
B
C

JOHN DUFFY
BUSINESS AGENT
C

$134,351

$10,765

$14,773

$159,889

Schedule 15
Representational Activities

98 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

BRUCE MERINGOLA
BUSINESS AGENT
C

$124,462

$22,975

$7,697

$155,134

Schedule 15
Representational Activities

99 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

CHRIS. DUFFY
CLERICAL
C

$73,680

$7,475

$2,780

$83,935

Schedule 15
Representational Activities

0 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

100 %

Schedule 19
Administration

0 %

A
B
C

DENNIS ADRIAN
BUSINESS AGENT
C

$124,462

$22,975

$10,728

$158,165

Schedule 15
Representational Activities

98 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

ROBERT LINK
OFFICE MANAGER
C

$258

Schedule 15
Representational Activities

100 %

Schedule 16
Political Activities and Lobbying

Schedule 17
Contributions

Schedule 18
General Overhead

Schedule 19
Administration

A
B
C

ROBERT AHEARN
ORGANIZER
C

$89,400

$22,050

$9,107

$120,557

Schedule 15
Representational Activities

98 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

0 %

A
B
C

KENNETH HUBER
BUSINESS AGENT
C

$124,462

$22,575

$14,691

$161,728

Schedule 15
Representational Activities

97 %

Schedule 16
Political Activities and Lobbying

1 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

1 %

Schedule 19
Administration

1 %

A
B
C

WILLIAM DUFFY, JR.
ADMINISTRATOR
C

$32,939

$2,020

$1,665

$36,624

Schedule 15
Representational Activities

7 %

Schedule 16
Political Activities and Lobbying

0 %

Schedule 17
Contributions

0 %

Schedule 18
General Overhead

86 %

Schedule 19
Administration

7 %

TOTALS RECEIVED BY EMPLOYEES MAKING LESS THAN $10000

Schedule 15
Representational Activities

Schedule 16
Political Activities and Lobbying

Schedule 17
Contributions

Schedule 18
General Overhead

Schedule 19
Administration

Total Employee Disbursements	$929,931	$138,355	$72,429	$0	$1,140,715
Less Deductions					$376,474
Net Disbursements					$764,241

Form LM-2 (Revised 2003)

SCHEDULE 13 - MEMBERSHIP STATUS

FILE NUMBER: 045-683

Category of Membership (A)	Number (B)	Voting Eligibility (C)
Members	2,108
Agency Fee Payers*
Total Members/Fee Payers	2,108
*Agency Fee Payers are not considered members of the labor organization.
ACTIVE	1,642	Yes
RETIRED	466	Yes

Form LM-2 (Revised 2003)

DETAILED SUMMARY PAGE - SCHEDULES 14 THROUGH 19

FILE NUMBER: 045-683

SCHEDULE 14 OTHER RECEIPTS
1. Named Payer Itemized Receipts	$96,567
2. Named Payer Non-itemized Receipts	$172,230
3. All Other Receipts	$82,093
4. Total Receipts	$350,890

SCHEDULE 17 CONTRIBUTIONS, GIFTS & GRANTS
1. Named Payee Itemized Disbursements	$0
2. Named Payee Non-itemized Disbursements	$0
3. To Officers	$0
4. To Employees	$0
5. All Other Disbursements	$110,167
6. Total Disbursements	$110,167

SCHEDULE 15 REPRESENTATIONAL ACTIVITIES
1. Named Payee Itemized Disbursements	$12,881
2. Named Payee Non-itemized Disbursements	$0
3. To Officers	$184,470
4. To Employees	$901,113
5. All Other Disbursements	$7,323
6. Total Disbursements	$1,105,787

SCHEDULE 18 GENERAL OVERHEAD
1. Named Payee Itemized Disbursements	$220,458
2. Named Payee Non-itemized Disbursements	$357,771
3. To Officers	$9,836
4. To Employees	$220,313
5. All Other Disbursements	$84,800
6. Total Disbursements	$893,178

SCHEDULE 16 POLITICAL ACTIVITIES AND LOBBYING
1. Named Payee Itemized Disbursements	$0
2. Named Payee Non-itemized Disbursements	$0
3. To Officers	$3,934
4. To Employees	$7,571
5. All Other Disbursements
6. Total Disbursement	$11,505

SCHEDULE 19 UNION ADMINISTRATION
1. Named Payee Itemized Disbursements	$25,358
2. Named Payee Non-itemized Disbursements	$10,884
3. To Officers	$0
4. To Employees	$11,720
5. All Other Disbursements	$45,327
6. Total Disbursements	$93,289

Form LM-2 (Revised 2003)

SCHEDULE 14 - OTHER RECEIPTS

FILE NUMBER: 045-683

Name and Address
(A)

LOCAL 138 ANNUITY FUND
137 GAZZA BLVD

Farmingdale
NY
11735

Type or Classification
(B)

Funds

Purpose (C)	Date (D)	Amount (E)
Total Itemized Transactions		$58,216
Total Non-Itemized Transactions		$81,830
Total of All Transactions		$140,046
ANNUITY	12/17/2004	$11,170
ANNUITY	08/06/2004	$11,682
ANNUITY	10/28/2004	$11,695
ANNUITY	05/04/2005	$11,793
ANNUITY	01/28/2005	$11,876

Name and Address
(A)

LOCAL 138 APPRENTICE
137 GAZZA BLVD

Farmingdale
NY
11735

Type or Classification
(B)

Funds

Purpose (C)	Date (D)	Amount (E)
Total Itemized Transactions		$23,028
Total Non-Itemized Transactions		$12,385
Total of All Transactions		$35,413
APPRENTICE TRAINING	06/02/2005	$5,330
APPRENTICE TRAINING	06/02/2005	$5,652
APPRENTICE TRAINING	05/18/2005	$5,680
APPRENTICE TRAINING	05/18/2005	$6,366

Name and Address
(A)

LOCAL 138 LEGAL FUND
137 GAZZA BLVD

Farmingdale
NY
11735

Type or Classification
(B)

Funds

Purpose (C)	Date (D)	Amount (E)
Total Itemized Transactions		$0
Total Non-Itemized Transactions		$21,876