DOL Regulations - Live Q&A Session with OLMS - Static Version
Friday, January 7, 12 p.m. ET
Please note that input received during the course of this web chat is not part of the formal rulemaking process. You can find DOL’s proposed regulations, and submit comments, by visiting www.regulations.gov.
How to Participate
- Enter your question directly into the live chat window found on the interactive page.
- E-mail us at firstname.lastname@example.org
You can also use the interactive page to enter your questions.
11:51 DOL Moderator: Good morning! Our chat with OLMS will begin at noon, but you can enter your questions at any time. This is a text only chat, so no audio or video is available. You'll only see the questions when they are answered, so there is no need to submit a question more than once.
12:00 DOL Moderator: The complete transcript of this chat will remain on this same page after the chat concludes. You can use the "static comments" link at the top of this page to get a text version.
12:00 John Lund: This is John Lund, Director of the Office of Labor-Management Standards. Thanks for taking the time to participate in today’s web chat. The purpose of the web chat is to get your questions and views on OLMS’ rulemaking agenda, as presented in its fall 2010 semiannual regulatory agenda. We would like to hear your thoughts regarding our rulemaking agenda—are these right issues? If they are, then what suggestions and ideas do you have? If these are not the right issues, then what matters should be included in the regulatory agenda? Your ideas and comments are extremely important to us.
Here, in brief, are the items included in our fall regulatory agenda:
We plan to issue a final rule on the Form LM-30, the Labor Organization Officer and Employee Report required under the Labor-Management Reporting and Disclosure Act to identify potential conflicts of interest between the labor organization officials and their labor organizations.
We plan to publish a proposed rule to expand the scope of employer-consultant reporting required under Section 203 of the LMRDA. Under the LMRDA, an employer must report on Form LM-10 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. In turn, a labor relations consultant is required to report on Form LM-20 the agreement or arrangement. The law contains a provision that creates an “advice” exemption from reporting requirements. A proposed revised interpretation would narrow the scope of the advice exemption and expand persuader reporting.
We also plan a notice of proposed rulemaking to review the Form LM-21 Receipts and Disbursements Report required of consultants concerning persuader agreements with employers.
Finally, we plan to publish a Request for Information regarding the use of electronic balloting in union officer elections required under the LMRDA.
I’m looking forward to this discussion.
12:02 Comment From Cara Seidt: Is new information available about the status of the proposed LM-30 rule modifications following the close of the comment period?
12:02 OLMS Staff: Thanks for your question. The comment period for this rulemaking closed on October 12, 2010. The Department currently is reviewing comments received and developing a final rule. The Department plans to publish a final rule in July 2011, as stated in the Fall 2010 regulatory agenda.
12:03 DOL Moderator: The OLMS team is ready for your questions. Please don't hesitate to send them now.
12:05 Comment From Guest: When do you plan to publish a Request for Information regarding the use of electronic balloting in union officer elections required under the LMRDA.
12:06 John Lund: Thank you for your question. OLMS expects to publish the RFI in the Federal Register this month. The RFI will set a deadline of 60 days for providing comments. The comments received will be used to help the Department issue guidelines in describing minimum standards that electronic voting systems must meet to comply with the provisions of LMRDA and to help determine what issues should be addressed and what specific standards should be included in guidelines.
12:10 Comment From Houston WorkplaceExaminer: Do you intend to reduce the number of Forms employers and consultant agreement use in reporting their activities as a way of narrowing :advice exemption" process?
12:10 John Lund: Hi Houston, would you mind rephrasing your question? I'm not certain you're referring to the number of reporting forms or reports filed.
12:11 Comment From Vannesa: Will the "Notification of Employee Rights Under Federal Labor Laws" notice be affected by this? Will all employers/businesses be required to post this?
12:11 John Lund: Vanessa--Thanks for your question. We're not certain what you are asking--the Department last year published a final rule implementing the employee notification provisions of Executive Order 13496 and has no current regulatory project concerning this.
12:14 Comment From Guest: In addition to the NPRM on the LM-20, the Fall Regulatory Agenda also indicated that OLMS would be issuing an NPRM on the Form LM-21, Receipts and Disbursements Report, which is required pursuant to section 203(b) of the LMRDA. Can you tell us anything beyond what's in the regulatory Agenda about this forthcoming NPRM?
12:14 John Lund: Thanks for your question. OLMS is considering a proposal to amend the Form LM-21 to require electronic filing of this report and will consider review of the layout of the Form LM-21 and its instructions. OLMS also will consider the detail required to be reported on Form LM-21. OLMS has announced its intention to review the Form LM-21 because the related Form LM-20 Agreement and Activities Report also is under review to consider the scope of reporting required on the Form LM-20 concerning a consultant’s agreement with an employer to persuade employees concerning their collective bargaining rights. The Department has not developed a specific proposal for amending the Form LM-21. A notice of proposed rulemaking regarding Form LM-21 is scheduled for July 2011.
12:16 DOL Moderator: Keep the questions coming!
12:17 Comment From Houston WorkplaceExaminer: How do you intend narrow advice exemption
12:17 John Lund: As required by the Administrative Procedure Act, we will closely review all the comments submitted with regard to the planned notice of proposed rulemaking. We encourage you and all other interested members of the public to provide comments when the NPRM is issued. You can do so by visiting http//:www.dol.gov/olms.
12:17 Comment From Guest: Will the LM-10 final rule also be issued in July 2011
12:17 Comment From Nicole Pollard: Is there a projected publication date for the proposed rule on the LM-10?
12:17 John Lund: Thanks for the question. We plan to publish a notice of proposed rulemaking regarding the scope of the Form LM-10 employer report and the Form LM-20 consultant report that will specifically concern the scope and extent of the advice exemption of Section 203 of the LMRDA. The proposed rule is scheduled to be published in June 2011. We are looking forward to receiving your comments and thoughts regarding the proposed rule.
12:25 Comment From Guest: When OLMS revised the Form LM-30 back in 2007, there were some aspects of revised regulations and the guidance accompanying them that impacted the Form LM-10. Should employers be watching the forthcoming LM-30 rulemaking in anticipation that it may also have some impact on LM-10 reporting?
12:25 John Lund: OLMS is considering a proposal to amend the Form LM-21 to require electronic filing of this report and will consider review of the layout of the Form LM-21 and its instructions. OLMS also will consider the detail required to be reported on Form LM-21. OLMS has announced its intention to review the Form LM-21 because the related Form LM-20 Agreement and Activities Report also is under review to consider the scope of reporting required on the Form LM-20 concerning a consultant’s agreement with an employer to persuade employees concerning their collective bargaining rights. As currently envisioned, these proposals do not encompass the reporting requirements of the Form LM-10 that relate to financial payments to union officials, as also encompassed by the Form LM-30.
12:26 Comment From Guest: Are you considering any new compliance assistance efforts or publications to help unions meet their responsibilities under federal law?
12:31 John Lund: Thanks for your question. Please refer to our website – we have published five new compliance tips on our website for key areas such as travel expense reimbursement, credit cards, salary authorization and lost time (http://s.dol.gov/CE). We also have a new PowerPoint presentation on filing the Form LM-3 (http://s.dol.gov/CF). And we published an e-laws advisor on union officer elections. (http://s.dol.gov/CG)
We have greatly expanded training for international and national unions. And we are open to additional requests for training from interested organizations. We always welcome suggestions for developing additional compliance assistance material.
12:32 Comment From Guest: Will the LM-20/LM10 NPRM be limited to just teh advice exemption? What about some clarification of the exemption covering an employer's officers, supervisors or employees acting in "the ordinary course" of their duties?
12:32 John Lund: Thanks for the question, the NPRM on the advice exemption is under consideration. It is anticipated that the proposed rule will be published in June 2011, and we look forward to any comments you have.
12:36 Comment From Houston WorkplaceExaminer: how does this regulatory agenda benefits the parties affected by this proposal. what is your department goals in this initiative
12:36 John Lund: I believe you are referring to the proposed rulemaking regarding the advice exemption. Our goal is to ensure the transparency and public disclosure intended by the LMRDA, in support of the objectives of the Secretary of Labor. These objectives include promoting effective voice in the workplace.
12:39 Comment From Guest: Can you explain the division on enforcement authority between OLMS and OFCPP concerning the EO 13496 employee notification posting that OLMS issued?
12:39 John Lund: Thank you for your question. Generally, OLMS is responsible for providing the employee notice poster and enforcement actions. The OFCCP generally conducts compliance reviews to ensure the poster is displayed and the contracts contain the required employee notice clause. You can find more information about the executive order regulation on the OLMS website (http://www.dol.gov/olms/), including a copy of the poster in various languages.
12:40 DOL Moderator: OLMS is ready for more questions!
12:47 John Lund: Looks like we've got all the questions you have!
I’d like to thank all of you for participating in today’s web chat, and for your interesting ideas and suggestions.
For more information about OLMS and our programs please visit www.olms.dol.gov.
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