← National Association of Home Builders
LMSORulemakingLMSO-2011-0002

Labor-Management Reporting and Disclosure Act; Interpretation of the "Advice" Exemption

RIN
—
Last modified
Jan 10, 2014
Comment window
closed 5424d ago
National Association of Home Builders filings
1

Activity

National Association of Home Builders filed 1 comment on this docket between Sep 16, 2011 and Sep 16, 2011. 528 other organizations filed here. The comment window closed 5424d ago.

What National Association of Home Builders filed (1)

Sep 16, 2011· National Association of Home Builders, Smith, Pamela· LMSO-2011-0002-2132

Human resource (HR) professionals strive to comply with all aspects of employment law and understand the importance of laws governing union organizing. As an HR professional and member of the Society for Human Resource Management, I am very concerned about the Department of Labor's proposed changes to the "advice exemption" of the LMRDA and its effect on both employers and employees. The role of HR is to understand and value the critical role that employees play in the success of any organization. This role includes creating benefit packages, policies, and work environments that maximize employee engagement in both union and non-union workplaces. It also includes ensuring compliance with a multitude of employment laws. The laws and rules governing union organizing are complex and constantly under discussion. The proposed regulations broaden the number and types of activities that would have to be reported under the LMRDA. I am concerned that this will cause outside consultants on whom HR professionals rely for advice to stop providing critical advice on how to best comply with the law. As a consequence, the persuader rule may limit the information that employees receive about the important decision whether or not to join a union in their workplace. I urge you to reconsider the proposed changes to the advice exemption.

View on regulations.gov →

Abstract

The Office of Labor-Management Standards of the Department of Labor (Department) is proposing revisions to the Form LM–10 Employer Report and to the Form LM–20 Agreements and Activities Report, which are required under section 203 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 U.S.C. 433. These reports cover agreements or arrangements between employers and labor relations consultants whereby the consultant undertakes activities to persuade employees concerning their rights to organize and bargain collectively. The Department proposes to revise its interpretation of the "advice" exemption to such reporting, by limiting the definition of what activities constitute "advice" under the exemption, and thus expanding those circumstances under which reporting is required of employer-consultant persuader agreements. The Department also proposes to revise the forms and instructions to make them more user-friendly and require more detailed reporting on employer and consultant agreements, as well as to require that Forms LM–10 and LM–20 be filed electronically.

View on regulations.gov →

Co-filers (528)

See everyone who commented →