Bruce’s Summary: As we mentioned previously, effective July 1, 2016, new persuader regulations go into effect under the Labor-Management Reporting and Disclosure Act (LMRDA) (1959). However, according to the author, a significant change has occurred, if employers act in a timely manner before July 1, 2016 (not much time left).
According to the article, recent public statements from the DOL concerning multi-year arrangements entered into between an employer and their labor relations consultant (being an consultant and/or lawyer) that occur before July 1 for labor relations services to be performed in the indefinite future, are not reportable. The author clarified by advising that employers who enter into a long-term agreement, covering representation in current and future union organizing campaigns and other labor relations services may need to be finalized sooner than later.
My purpose is to peak your interest if you have not yet met with your consultant and /or lawyer to understand better as to how you should possibly follow the new regulation exceptions authorized by the DOL.
As before, the author indicates at this time there are three separate lawsuits challenging the persuader regulations arguing that the DOL exceeded its statutory authority in promulgating the final rule. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”