Employer and Consultant Reporting: A Vital Disclosure Mechanism
Under LMRDA Section 203(a), employers are mandated to report specific expenditures and activities on what’s called a Form LM-10. This includes expenditures aimed at interfering with, restraining, or coercing employees in the exercise of their collective bargaining rights. Moreover, any agreements or arrangements with third-party consultants, designed to persuade employees or obtain information related to labor disputes, must also be reported.
Similarly, labor relations consultants (i.e. “union-busters”) are obligated to report such agreements or arrangements with employers on a “Form LM-20.” This dual reporting mechanism ensures comprehensive coverage, enabling a clearer understanding of the dynamics between employers and consultants in matters related to labor relations.
The Role of Transparency in Informed Decision-Making
The transparency introduced by Section 203 is fundamental to empowering workers. By disclosing information on anti-union campaigns managed by external entities, workers gain valuable insights. Armed with the knowledge that certain information sources are tied to efforts against unionization, workers can critically assess the messages directed at them.
Reporting Exemptions and Nuances
While Section 203 imposes reporting obligations, it also incorporates exemptions. Employers are not required to report certain services of consultants deemed as “advice.”
Determining whether a service qualifies as “advice” is a nuanced process, often hinging on the absence of direct contact between consultants and employees. It is LaborLab’s belief that the “advice loophole” is frequently abused by both employers and consultants in order to hide just how much employers are paying expensive lawyers and consultants to direct union-busting campaigns.