Brady et al v. National Football League et al

Filing 173

Declaration of Barbara P. Berens in Support of 168 Memorandum in Support of Motion, filed by Tom Brady, Drew Brees, Vincent Jackson, Ben Leber, Logan Mankins, Peyton Manning, Von Miller, Brian Robison, Osi Umenyiora, Mike Vrabel. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F (part 1), # 7 Exhibit(s) F (part 2), # 8 Exhibit(s) F (part 3), # 9 Exhibit(s) G, # 10 Exhibit(s) H)(Berens, Barbara)

EXHIBIT D

U.S. Department of Labor
Employment Standards Administration
Office of Labor-Management Standards
Washington, DC 20210

FormApproved
Office of Management and Budget

FORM LM-2 LABOR ORGANIZATION ANNUAL REPORT

No:
1245-0003
Expires: 10-31-2013

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

2. PERIOD COVERED
MO
DAY YEAR
From 03/01/2011

065-533

Through

E

3 (a) AMENDED - If this is an amended report, check
here:
(b) HARDSHIP - If filing under the hardship
procedures, check here:
(c) TERMINAL - If this is a terminal report, check here: X

03/11/2011

8. MAILING ADDRESS (Type or print in capital letters)

4. AFFILIATION OR ORGANIZATION NAME

First Name

PROFESSIONAL ATHLETES, FED, AFL-CIO
5. DESIGNATION (Local, Lodge, etc.)

6. DESIGNATION NUMBER

Last Name

DEMAURICE

SMITH

P.O. Box - Building and Room Number

6TH FLOOR
7. UNIT NAME (if any)

Number and Street

NFL PLAYERS ASSOCIATION

1133 20TH STREET, NW
City

9. Are your organization's records kept at its mailing address? (If "No,"
provide address in Item 69.)
Yes X No

WASHINGTON
State

ZIP Code + 4

DC

20036

69. ADDITIONAL INFORMATION (Text entered will appear on last page of form. To enter comments, press the "General Additional Information" button.)

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 the information contained in any accompanying documents) has been examined by the signatory and is, to the best of the undersigned's knowledge and belief, true, correct,
and complete. (See Section VI on penalties in the instructions.)
70. SIGNED:

Kevin

Mawae

04/08/2011
Date
Form LM-2 (Revised 2010)

PRESIDENT
202-756-9100
Telephone Number

(If other title, see
instructions.)

71. SIGNED:

DeMaurice F Smith

04/08/2011
Date

TREASURER

202-756-9100
Telephone Number

(If other title, see
instructions.)

FILE NUMBER:

COMPLETE ITEMS 10 THROUGH 21
10. During the reporting period did the labor organization create or
participate in the administration of a trust or other fund or organization, as
defined in the instructions, which provides benefits for members or their
Yes
beneficiaries?
X No
11(a). During the reporting period did the labor organization have a political
action committee (PAC) fund?
Yes
No

065-533

19. What is the date of the labor organization's next regular
election of officers?
20. How many members did the labor organization have at
the end of the reporting period?(Total from Line 8 of Schedule 13)
X

11(b). During the reporting period did the labor organization have a subsidiary
Yes X
No
organization as defined in Section X of these Instructions?
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
No

0

21. What are the labor organization's rates of dues and fees? (Enter
a minimum and maximum if more than one rate applies for any line.)

Rates of Dues and Fees
Dues/Fees

Amount

Unit

Minimum Maximum

X

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 X
Yes
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?
500,000

15. During the reporting period did the labor organization acquire or dispose
No
of any assets in any manner other than by purchase or sale? Yes
X
16. Were any of the labor organization's assets pledged as security or
encumbered in any other way at the end of the reporting period?
Yes
X

(a) Regular Dues/Fees .

per .

(b) Working Dues/Fees

per

(c) Initiation Fees

per

(d) Transfer Fees

.

per

(e) Work Permits

per

No

17. Did the labor organization have any contingent liabilities at the end of
Yes X
No
the reporting period?
18. During the reporting period did the labor organization have any changes
in its constitution and bylaws, other than rates of dues and fees, or in
practices/procedures listed in the instructions?
Yes X
No
If the answer to any of the above questions is "Yes," provide details in Item 69 (Additional Information) as explained in the instructions for each item.
Form LM-2 (Revised 2010)

.

FILE NUMBER:

STATEMENT A - ASSETS AND LIABILITIES

065-533

Complete Schedules 1 Through 20 Before Completing Statement A

ASSETS

Schedule
Number

Assets

$134,932,854

23. Accounts Receivable

1

$11,957,559

$12,777,857

24. Loans Receivable

2

$516,154

$514,220

$28,371,302

$28,648,923

$58,589,527

$57,980,867

25. U.S. Treasury Securities
26. Investments

5

27. Fixed Assets

6

28. Other Assets

7

LIABILITIES

$55,099,047

$55,214,824

Schedule
Number

$16,667,609

$16,712,768

$313,564,295

29. TOTAL ASSETS

Liabilities

End of Reporting Period
(B)

$142,363,097

22. Cash

Form LM-2 (Revised 2010)

Start of Reporting Period
(A)

$306,782,313

Start of Reporting Period
(C)

30. Accounts Payable

8

$10,565,862

31. Loans Payable

9

End of Reporting Period
(D)

$0

32. Mortgages Payable

$9,328,381

$18,401,408

$18,267,055

$80,748,536

$80,830,484

34. TOTAL LIABILITIES

$109,715,806

$108,425,920

35. NET ASSETS (Item 29 Less Item 34)

$203,848,489

$198,356,393

33. Other Liabilities

10

STATEMENT B - RECEIPTS AND DISBURSEMENTS

FILE NUMBER:

065-533

Complete Schedules 1 Through 20 Before Completing Statement B
Item

CASH RECEIPTS

SCH #

AMOUNT

Item

CASH DISBURSEMENTS

SCH #

AMOUNT

36. Dues and Agency Fees

$0

50. Representational Activities

15

$6,331,674

37. Per Capita Tax

$0

51. Political Activities and Lobbying

16

$0

38. Fees, Fines, Assessments, Work Permits

$0

52. Contributions, Gifts, and Grants

17

$1,500

39. Sale of Supplies

$0

18

$2,619,564

19

$227,376

20

$39,420

40. Interest

$139,393

41. Dividends

$0

53. General Overhead
54. Union Administration
55. Benefits

43. Sale of Investments and Fixed Assets

3

44. Loans Obtained

9

45. Repayments of Loans Made

2

$663,997

$0

57. Strike Benefits

$0

58. Fees, Fines, Assessments, etc.

$105,777

56. Per Capita Tax

$0

59. Supplies for Resale

42. Rents

$0

$2,206
60. Purchase of Investments and Fixed Assets

$710,645

2

$272

62. Repayment of Loans Obtained

9

$0

47. From Members for Disbursement on Their Behalf

4

61. Loans Made

46. On Behalf of Affiliates for Transmittal to Them

$0

48. Other Receipts

14

$1,623,295
63. To Affiliates of Funds Collected on Their Behalf

49. TOTAL RECEIPTS

$2,534,668

64. On Behalf of Individual Members

$195
$0

65. Direct Taxes

$34,265

66. Subtotal

$9,964,911

67. Withholding Taxes and Payroll Deductions
67a. Total Withheld
67b. Less Total Disbursed
Form LM-2 (Revised 2010)

$180,104
$180,104

67c. Total Withheld But Not Disbursed
68. TOTAL DISBURSEMENTS (Line 66-Line 67c)

$0
$9,964,911

SCHEDULES OMITTED