MANAGEMENT


What Is and Is Not Covered for Reporting Purposes? The revised rule narrows exemption of advice that needs not be reported to DOL. Exempted advice now is “an oral or written recommendation regarding a decision or course of conduct.” However, “activities that man- age or direct the business’s campaign to sway workers against choosing a union—that must be reported. An employer’s ability to ‘accept or reject’ materials provided … by a consultant … no longer shields indirect persuader activities from disclosure.” The rule says it “does not infringe upon the attorney-client relationship” but attorneys and employers will still have to fi le reports with DOL if persuader activity occurs.


Are There Exemptions? Yes.


• “Off -the-shelf” materials by consultants (or trade associations)


• Consultants who develop personnel policies that may improve pay, benefi ts, or working conditions do not trigger reporting merely because the policies could subtly aff ect or infl uence employees on union issues. If done with union avoidance in mind, then reporting is required!


• Legal representation on labor matters (court, bargaining, arbitra- tion, other legal services)


• Attorney-client privilege is not aff ected, unless it gets into “per- suading” topics.


• Agreements by which the consultant agrees to merely provide “advice” to the employer, defi ned as “recommendations regarding a decision or course of conduct”


• Vulnerability assessments, including employee surveys (unless they “push”—persuade)


• Seminars on labor topics (avoidance) that do NOT get into devel- oping or assisting employer-attendees in developing a plan to persuade their employees


• Newsletters addressed to member employers • Franchisor-franchisee arrangements and persuader activity


• Information PIA provides to unionized employers for negotiations is not reportable (wages, benefi ts, sample contract language), but any information or advice that is used with employees would be.


What to Do? The fi nal regulation takes eff ect July 1, 2016, so if an employer wants to train their supervisors without the required reporting, then it should be done by June 30. PIA’s Human Relations Department provides this ser- vice. Contact Jim Kyger at jkyger@printing.org. Your fi rm’s legal counsel should be able to help and your local PIA Affi liate can make a referral.


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Revised Forms The revised forms are not yet available electronically. However, Form LM-10 Facsimile, the employer’s report, and Form LM-10 Instructions, as well as Form LM-20 Facsimile, the consultant’s report, and Form LM-20 Instructions, are now available electronically. Form LM-20 will be available electronically on July 1, 2016. Form LM-10 will be available on January 1, 2017. Consultants must fi le their reports within 30 days after entering into such agreements or within 30 days after the conclusion of a seminar. Employers must fi le their report within 90 day of the end of their fi scal year.


Penalties for Non-Compliance Noncompliance with reporting obligations under the law carries poten- tial civil and criminal penalties, including fi nes and imprisonment. Many experts say to err on the side of reporting, at least on the employer side. Legal challenges and case law will eventually provide more guidance.


Editor’s Note: Printing Industries of America has never had a stated position on labor unions. Over the years Printing Industries of America has helped its members remain union-free, become union-free, and even stay unionized. All assistance, of course, is at the request of ownership.


The Magazine 15 05.2016


Call us today to determine how we can help. Contact us at 800-910-4283 Ext. 794 or email EHS@printing.org


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