Wyatt Employment Law Report


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U.S. Department of Labor Proposes New Rule Concerning Reporting Of Persuader Activity By Labor Relations Consultants and Attorneys

By Edwin S. Hopson

On June 20, 2011, the U.S. Department of Labor issued a press release in which it announced a proposed rule to revise the interpretation of “advice” as it pertains to the employer and labor relations consultant persuader reporting requirements under Section 203 of the Labor-Management Reporting and Disclosure Act of 1959 (“LMRDA”). The proposal defines the term “advice” as “an oral or written recommendation regarding a decision or course of conduct.”

 Section 203 of the LMRDA requires the disclosure in writing to the Department of Labor of agreements or arrangements between an employer and labor relations consultant in the event that a consultant undertakes or agrees to undertake for that employer activities that seek to directly or indirectly persuade workers during a union organizing campaign or collective bargaining negotiations. Neither the employer nor the consultant is required to file a report with the Department if the services of the consultant consist of merely giving or agreeing to give advice to the employer.  However, if the consultant’s activities go beyond “advice”, that is for instance, if the persuader activities consisted of actions, conduct or communications on behalf of an employer that would directly or indirectly persuade workers during the organizing campaign, regardless of whether or not the consultant has direct contact with workers, then the arrangement would be reportable.  An agreement also would be reportable where the consultant plans or orchestrates a campaign or program to avoid or counter a union organizing or collective bargaining effort. Continue reading


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Acting NLRB General Counsel Issues New Guidelines for Seeking Section 10(j) Interim Relief in Connection with Discharges Occurring during Union Organizing Campaigns

By Edwin S. Hopson

On September 30, 2010, the NLRB Acting General Counsel announced an initiative to more quickly respond to charges filed when employees are discharged during a union organizing campaign. Henceforth, in all cases found to have merit by the NLRB regional directors, the General Counsel’s office in Washington, D.C. will review the case to determine if seeking a federal injunction compelling reinstatement of the employee would be appropriate pending litigation of the underlying unfair labor practice case. The injunction would be sought under Section 10(j) of the National Labor Relations Act once authorized by the Board.  Continue reading


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Secretary of Labor Announces Her New “Vision” For American Workers

By Edwin S. Hopson

On December 7, 2009, U.S. Secretary of Labor Hilda L. Solis laid out her “vision” in the Fall 2009 Regulatory Plan for the Labor Department’s mission of ensuring “there are good jobs for everyone.” [Emphasis in the original].  Secretary Solis described a “series of 12 specific strategic outcomes” which she hopes will result in achieving her vision.  According to the Labor Department’s website, they are:

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