Company’s Labor Consultant Violated Labor Law Defending Union Organizing Drive

During union organizing drives, some companies hire labor consultants (not to be confused with labor lawyers like me who only communicate with management) to speak directly with employees about the realities of joining a union. Most of the time labor consultants are helpful, and I have used several over the years to help defeat organizing…
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2016 Should be the Year Persuader Rulemaking Takes Effect and is Litigated

Five years ago, the Department of Labor (DOL) first issued the proposed regulation to expand employer disclosure requirements about lawyers and consultants hired to help combat union organizing and collective bargaining activities. The rule would revise the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act by narrowing the law’s “advice” exemption as it applies…
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Prepare for the Impending Persuader Rules

The 1959 Labor Management Reporting and Disclosure Act (LMRDA) focused primarily on union corruption. The most prevalent part of the LMRDA is an LM-2 form that details union expenses. A lesser- known part of the LMRDA deals with payments to consultants called “persuaders.” Companies must report payments for services like communicating with workers about their…
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DOL Game-Changing “Persuader Rule” Set to Take Effect in November 2013

The Department of Labor recently announced a November 2013 target implementation date for its revised, i.e. skewed against employers, “advice exemption” in the Labor Management Reporting and Disclosure Act (LMRDA). Currently, companies are not required to disclose to the federal government when they receive advice relating to labor relations, from who they received the advice,…
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HRACO Labor Relations SIG Preview

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter    Are You Coming to the HRACO Labor Relations SIG to Learn About These Important Changes From the National Labor Relations Board?  Thank you for such great feedback and enthusiasm for HRACO’s first Special Interest Group dedicated exclusively for traditional labor matters. A…
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