{"id":14529,"date":"2016-03-30T17:09:47","date_gmt":"2016-03-30T22:09:47","guid":{"rendered":"http:\/\/postalemployeenetwork.com\/news\/?p=14529"},"modified":"2016-03-30T17:09:47","modified_gmt":"2016-03-30T22:09:47","slug":"new-us-department-of-labor-rule-improves-transparency-for-workers-considering-union-representation","status":"publish","type":"post","link":"https:\/\/postalemployeenetwork.com\/news\/2016\/03\/30\/new-us-department-of-labor-rule-improves-transparency-for-workers-considering-union-representation\/","title":{"rendered":"NEW US DEPARTMENT OF LABOR RULE IMPROVES TRANSPARENCY FOR WORKERS CONSIDERING UNION REPRESENTATION"},"content":{"rendered":"
\n
\n
\n

WASHINGTON<\/strong>\u00a0<\/span>\u2013 Many characterize union organizing campaigns as debates between management and labor over the impact of unionization on businesses and workers. Today, employers commonly engage third-party consultants in crafting and delivering anti-union messages to workers. Workers often do not know when employers engage consultants behind the scenes to influence their decisions.<\/p>\n

To address this lack of transparency, a new rule from the\u00a0<\/span>U.S. Department of Labor<\/a>\u00a0<\/span>will require reporting of employer-consultant, or \u201cpersuader\u201d agreements \u2013 to complement the information that unions already report on their organizing expenditures, resulting in better information for workers making decisions on whether or not to form a union or bargain collectively.<\/p>\n

\u201cWorkers should know who is behind an anti-union message. It\u2019s a matter of basic fairness,\u201d said\u00a0<\/span>U.S. Secretary of Labor Thomas E. Perez<\/a>. \u201cThis new rule will allow workers to know whether the messages they\u2019re hearing are coming directly from their employer or from a paid, third-party consultant. Full disclosure of persuader agreements gives workers the information they need to make informed choices about how they pursue their rights to organize and bargain collectively. As in all elections, more information means better decisions.\u201d<\/p>\n

\u201cThis rule is about disclosure, and more disclosure here means more peaceful and stable labor-management relations. With workers having a better understanding of the true source of persuader communications, worker-supervisor and other workplace relationships are likely to proceed more smoothly no matter what is decided regarding union representation,\u201d said\u00a0<\/span>Office of Labor-Management Standards Director Michael Hayes<\/a>.<\/p>\n

The new rule interprets Section 203 of the\u00a0<\/span>Labor Management Reporting and Disclosure Act<\/a>. The law requires labor organizations, consultants, and employers to file reports and disclose expenditures on labor-management activities. The law intends to prevent abuse, corruption, and improper practices by labor organizations, employers, and labor relations consultants alike.<\/p>\n

A longstanding loophole, however, allows employers to hire consultants to create materials, strategies and policies for organizing campaigns \u2013 and even to script managers\u2019 communications with employees \u2013 without disclosing anything, as long as the consultant does not directly contact employees. The new rule closes the loophole to align the regulation with the statute, by requiring reporting on \u201cactions, conduct or communications that are undertaken with an object, explicitly or implicitly, directly or indirectly, to affect an employee\u2019s decisions regarding his or her representation or collective bargaining rights.\u201d Under the same statute, unions already are required to make comprehensive public reports on their expenditures, including expenditures on union-organizing campaigns.<\/p>\n

The Federal Register will publish the new rule on March 24. The change will be applicable to arrangements, agreements, and payments made on or after July 1, 2016. Additional information below and at the OLMS website: http:\/\/www.dol.gov\/olms\/regs\/compliance\/ecr_finalrule.htm<\/a>.<\/p>\n

OLMS Final Rule on Persuader Reporting Increases Transparency for Workers<\/span><\/h3>\n

 <\/p>\n

\"Image<\/center> <\/p>\n

\u201cPay no attention to that man behind the curtain. The great Oz has spoken,\u201d the actor Frank Morgan thundered in the famous 1939 movie.\u00a0 If you believe in what an outside expert drafted for you to say to your employees, if you were willing to pay the outsider to help you say it, then open the curtain and reveal who scripted the message and managed its delivery.<\/p>\n

The Persuader Final Rule realigns the Department\u2019s regulations with the text of a law passed by Congress, the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). This Final Rule requires that employers and the consultants they hire file reports not only for direct persuader activities \u2013 consultants talking to workers \u2013 but also for indirect persuader activities \u2013 consultants scripting what managers and supervisors say to workers. Workers often don\u2019t know that their employer hired a consultant to manage its message in union organizing campaigns, including by scripting speeches by managers, talking points, letters, and other documents. Consultants may also direct supervisors to express specific viewpoints that don\u2019t match those supervisors\u2019 actual views as individuals \u2013 something workers may find relevant in assessing the information they receive from their supervisors.<\/p>\n

This Rule does not prohibit employers from hiring consultants or constrain them in what information they can provide; the Rule simply ensures that employees are given more information about the source of campaign material, which helps them make a more informed choice in exercising their rights.<\/p>\n

This rule takes effect on April 25, 2016.\u00a0 It will be applicable to arrangements, agreements, and payments made on or after July 1, 2016.\u00a0 For further information, please view the OLMS\u00a0<\/span>employer-consultant reporting page<\/a>.<\/p>\n

<\/h4>\n

LMRDA, Implementing Regulations, and Final Rule<\/h4>\n\n\n\n
<\/td>\n\n