29 CFR 406 - REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS

This document corrects the preamble and the regulatory text of the notice of proposed rulemaking (NPRM) that was published in the Federal Register on June 21, 2011 (76 FR 36178), regarding the interpretation of Section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. 433, and corresponding revisions to the Form LM-10 Employer Report and to the Form LM-20 Agreement and Activities Report. This correction clarifies that the NPRM intended to propose a technical revision to 29 CFR 406.2, which was inadvertently omitted from the preamble and the proposed revised regulatory text of the NPRM.

The Office of Labor-Management Standards of the Department of Labor (Department) is proposing revisions to the Form LM-10 Employer Report and to the Form LM-20 Agreements and Activities Report, which are required under section 203 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or Act), 29 U.S.C. 433. These reports cover agreements or arrangements between employers and labor relations consultants whereby the consultant undertakes activities to persuade employees concerning their rights to organize and bargain collectively. The Department proposes to revise its interpretation of the “advice” exemption to such reporting, by limiting the definition of what activities constitute “advice” under the exemption, and thus expanding those circumstances under which reporting is required of employer-consultant persuader agreements. The Department also proposes to revise the forms and instructions to make them more user-friendly and require more detailed reporting on employer and consultant agreements, as well as to require that Forms LM-10 and LM-20 be filed electronically. The Department invites comments on any aspect of this proposed rule.