US DEPARTMENT of LABOR: FALL REGULATORY AGENDA 2009
The Office of Labor-Management Standards (OLMS)
Topic: Interpretation of the "Advice" Exemption of Section 203(c) of the Labor-Management Reporting and Disclosure Act.
Information helps workers make a more informed choice regarding their collective bargaining rights and acts to level the labor-management relations playing field, giving workers their voice in the workplace.
Key Action: The Office of Labor-Management Standards (OLMS) plans regulatory action to provide workers with information critical to their effective participation in the workplace. OLMS intends to propose regulations to better implement the public disclosure objectives of section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. § 433, pertaining to employer-consultant agreements and arrangements to persuade employees concerning their rights to organize and bargain collectively. These agreements and arrangements must be reported by the employer on the Form LM-10, Employer Report, and by the labor relations consultant on the Form LM-20, Agreement and Activities Report.
When workers or union members have more information about what arrangements have been made by their employer to persuade them whether or not to join a union, this information helps them make a more informed choice regarding their collective bargaining rights and acts to level the labor-management relations playing field. This, in turn, will enable workers to increase their voice in the workplace.
Key Issues
- Exceptions to Reporting: Statutory exceptions to these reporting requirements are set forth in LMRDA section 203(c) which provides, in part, that employer and consultant reporting is not required concerning any agreement or arrangement to provide "advice" to the employer.
- Regulatory Issue: The Department believes that its current policy concerning the scope of the LMRDA section 203(c) "advice exception" is over-broad and thus excludes information that should be reported. A narrower construction would better allow for the employer and consultant reporting intended by the LMRDA.
- Stakeholders: The proposed regulation directly affects employers and labor relations consultants. Additionally, labor organizations, as well as public interest groups and researchers that focus on labor-management relations, will be interested in this proposed rulemaking. Due to the diverse nature of potential stakeholders, the Department will publish in the Federal Register a notice inviting the public to participate in a meeting regarding the proposed rulemaking.
