Office of Labor-Management Standards (OLMS)
Employer and Consultant Reporting under the LMRDA
The Labor-Management Reporting and Disclosure Act (LMRDA) establishes reporting and recordkeeping requirements for employers and labor relations consultants. The transparency created by these requirements is designed to better inform workers in making determinations regarding the exercise of their rights to organize and bargain collectively. Under LMRDA section 203(a), an employer must report, on Form LM-10, certain expenditures and activities, including any agreement or arrangement with a third party consultant, to persuade employees as to their collective bargaining rights or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute involving the employer. Under LMRDA section 203(b), a labor relations consultant, also, is required to report, on Form LM-20, concerning such an agreement or arrangement with an employer. Every person required to file a Form LM-20 also must file an annual Receipts and Disbursements Report, Form LM-21, if any payments were made or received during the fiscal year as a result of arrangements of the kind requiring Form LM-20.
Note: The Department published on June 21, 2011 a notice of proposed rulemaking (NPRM) seeking consideration of a revised interpretation of section 203(c) of the LMRDA. See: http://www.gpo.gov/fdsys/pkg/FR-2011-06-21/pdf/2011-14357.pdf. Section 203(c) exempts employers and labor relations consultants from the reporting otherwise required by sections 203(a) and (b) if the consultant only provided advice to the employer in connection with persuading employees concerning the right to organize and bargain collectively. The Department is considering revising the interpretation of 203(c) to narrow the scope of the advice exemption. More information on the NPRM is available here.
The Department held a public meeting on the proposed change to the regulations on May 24, 2010. More information on that public meeting is available here.
Last Updated: 1-31-14