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DEPARTMENT OF LABOR
Office of Labor-Management Standards29 CFR Parts 405 and 406RIN 1215-AB79RIN 1245-AA03Labor-Management Reporting and Disclosure Act; Interpretation of the “Advice”Exemption
AGENCY:
Office of Labor-Management Standards, Department of Labor.
ACTION:
Notice of proposed rulemaking; request for comments.________________________________________________________________________
SUMMARY:
The Office of Labor-Management Standards of the Department of Labor(Department) is proposing revisions to the Form LM-10 Employer Report and to theForm 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), 29U.S.C. 433. These reports cover agreements or arrangements between employers andlabor relations consultants whereby the consultant undertakes activities to persuadeemployees concerning their rights to organize and bargain collectively. The Departmentproposes to revise its interpretation of the “advice” exemption to such reporting, bylimiting the definition of what activities constitute “advice” under the exemption, andthus expanding those circumstances under which reporting is required of employer-consultant persuader agreements. The Department also proposes to revise the forms andinstructions to make them more user-friendly and require more detailed reporting onemployer and consultant agreements, as well as to require that Forms LM-10 and LM-20
2be filed electronically. The Department invites comments on any aspect of this proposedrule.
DATES:
Comments must be received on or before [
Insert date 60 days afterpublication
].
ADDRESSES:
You may submit comments, identified by RIN 1215-AB79 and 1245-AA03. (The Regulatory Information Number (RIN) identified for this rulemakingchanged with publication of the Spring 2010 Regulatory Agenda due to an organizationalrestructuring. The old RIN (1215-AB79) was assigned to the Employment StandardsAdministration, which no longer exists; a new RIN (1245-AA03) has been assigned tothe Office of Labor-Management Standards.) The comments can be submitted only bythe following methods:Internet: Federal eRulemaking Portal. Electronic comments may be submitted throughwww.regulations.gov. To locate the proposed rule, use RIN number 1245-AA03.Follow the instructions for submitting comments.Delivery: Comments should be sent to: Andrew R. Davis, Chief of the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Departmentof Labor, 200 Constitution Avenue, N.W., Room N-5609, Washington, DC 20210.Because of security precautions the Department continues to experience delays in U.S.
3mail delivery. You should take this into consideration when preparing to meet thedeadline for submitting comments.The Office of Labor-Management Standards (OLMS) recommends that you confirmreceipt of your delivered comments by contacting (202) 693–0123 (this is not a toll-freenumber). Individuals with hearing impairments may call (800) 877–8339 (TTY/TDD).Only those comments submitted throughwww.regulations.gov, hand-delivered, or mailedwill be accepted. Comments will be available for public inspection atwww.regulations.govand during normal business hours at the above address.The Department will post all comments received onwww.regulations.govwithoutmaking any change to the comments, including any personal information provided. Thehttp://www.regulations.gov website is the Federal e-rulemaking portal and all commentsposted there are available and accessible to the public. The Department cautionscommenters not to include personal information such as Social Security numbers,personal addresses, telephone numbers, and e-mail addresses in their comments as suchsubmitted information will become viewable by the public via thewww.regulations.gov website. It is the responsibility of the commenter to safeguard this information.Comments submitted throughwww.regulations.govwill not include the commenter’s e-mail address unless the commenter chooses to include that information as part of his orher comment.
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