- Written by Glen Williams
Since 1959, the Labor Management Reporting and Disclosure Act (“LMRDA”) has compelled businesses to inform to the government when they hire attorneys or consultants to discourage employees from unionizing. The LMRDA currently requires employers and their labor relations consultants to report any arrangement where a consultant will undertake activities to “persuade” employees regarding their right to organize and bargain collectively. There is a stiff financial and/or criminal penalty if employers and consultants fail to report these “persuader activities.”
Traditionally, this mandatory reporting rule has included an exemption for consultants or attorneys who merely “advise” employers but do not have direct contact with employees. The “advice exemption” applies even to agreements where a consultant’s activity includes providing the employer and its management team with advice or materials for the employer’s use in persuading employees regarding union-related activities.
Since 2011, however, the Department of Labor and its Office of Labor-Management Standards have been trying to enact a proposed rule that would close the proverbial loophole of the “advice exemption.” The DOL’s proposed rule would require reporting any agreement if an attorney or consultant would be engaging in conduct that goes beyond the “plain meaning” of “advice.”
- Written by Greg Blueford
Just as we expected, Union election petitions grew in the month immediately following the implementation of the new NLRB rules that shorten the time between a union petition and election. From March 13 to April 13, 2015 there were 212 petitions for an election lodged with the NLRB. In the month after implementation from April 14 to May 14, 2015, there were 280 petition filings, a 32% increase from the previous month. The median time from petition to election for all representation elections held since April 14 was 23 days while the average time in the past had been 38 days.