The Department of Labor’s (DOL) Office of Labor Management Standards (OLMS) announced its intent to hold a public meeting to solicit input regarding employer and consultant reporting under section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA). Section 203 establishes reporting and disclosure requirements for employers and labor relations consultants who enter into agreements or arrangements “whereby the consultant (or other person) undertakes activities to persuade employees as to their rights to organize and bargain collectively or to obtain certain information concerning the activities of employees or a labor organization in connection with a labor dispute involving the employer.” Employers and consultants are required to annually fill out certain disclosure forms (LM-10, LM-20) regarding these arrangements.

Section 203(c), however, exempts employers and consultants from filing these reports by reason of the consultant’s giving or agreeing to give “advice” to the employer. As the agency noted in its semiannual regulatory agenda, the OLMS intends to propose a rule that would narrow the scope of the interpretation of this “advice exemption.” OLMS has taken the position that the current policy concerning the scope of the advice exception “is over-broad, and that a narrower construction will result in reporting that more closely reflects the employer and consultant reporting intended by the LMRDA.”

To that end, before initiating regulatory action, the OLMS will hold the public meeting to solicit comments regarding the application of the advice exemption under section 203(c). In addition, other topics to be discussed at the meeting include:

• Whether the “regular officer, supervisor, and employee” exemption of section 203(e) should be narrowed;
• How the use of labor relations consultants by employers has affected labor-management relations and about how persuader activity has changed since the enactment of the LMRDA; and
• What level of detail should be provided on the employer and consultant reporting forms, and whether such reports should be submitted electronically.

The meeting is scheduled for Monday, May 24, 2010, from 10:00 a.m. until 12:00 noon at the U.S. Department of Labor, Frances Perkins Building Auditorium, 200 Constitution Avenue, N.W., Washington, D.C. 20210. Those wishing to attend the meeting must register by either calling Rosetta Kelly at (202) 693-0123, or by sending an email to olms-public@dol.gov by Monday, May 17, 2010. Potential registrants must include their name, title, company or organization (if applicable), address, phone number, and e-mail address.

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