f. You pay a labor relations consultant to obtain
and show an anti-union movie to your
employees.
g. You hire a labor relations consultant to pre-
pare and deliver an anti-union speech to
your employees.
a. You make arrangements with a labor relations
consultant related exclusively to advice, to
representing you before a court, administra-
tive agency, or arbitration tribunal, or to
engage in collective bargaining on your
behalf.
b. You pay dues to a trade association unless
the association engages in activities of the
type described in number 4.
c. You pay a commercial printer for printing a
pamphlet or handbill setting forth views about
unionization; provided the substance of your
views contains no threats of reprisal or force,
or promise of benefit amounting to interference
with, restraint or coercion of the employees in
their rights to organize and bargain collectively.
d. You advertise in a commercial newspaper
setting forth your views about the terms and
conditions of contract negotiations with the
union; provided the substance of your views
contains no threats of reprisal or force, or
promise of benefit amounting to interference
with, restraint or coercion of the employees in
their rights to organize and bargain collectively.
YES, if: 6. You make arrangements with or pay a labor
relations consultant to obtain information about
the activities of employees or a union in connec-
tion with a labor dispute in which you are
For example, you have to report if-
involved.
a. You paid a labor relations consultant to
plant agents among your employees so that
reports to you about a union's organizational
activities could be obtained.
b. You make arrangements with or pay a labor
relations consultant to furnish you with
information concerning the activities of em-
ployees or a union with whom you are
involved in a labor dispute, except information
designed for use solely in administrative,
arbitration or court proceedings.
c. You make arrangements with or pay a labor
relations consultant to handle all phases of
labor-management relations if such arrange-
ments include activities to furnish you,
directly or indirectly, information concerning
the activities of employees or a union with
which you are involved in a labor dispute,
except information designed for use solely in
administrative, arbitration, or court proceed-
d. You made payments during your past fiscal year to a third party for activities of the type
described in number six, regardless of the date the agreement or arrangement to undertake such activities was made.
NO, if: a. You pay for information concerning the
activities of employees or a union in connection with a labor dispute in which you are not involved. However, if you obtained the information to transmit it to an employer who is involved in a dispute with the employees, you may be required to file a consultant report. b. You pay for information concerning the activities of employees or a union, exclusively for
use in connection with an administrative proceeding, arbitration, or a court case.
c. You pay dues to a trade association, unless
the association engages in activities of the
type in number six above.
d. You make agreements or arrangements with
other employers in the industry to share or
exchange information concerning labor unions
with which you deal. But the information
must not pertain to the union's activities in
connection with a labor dispute in which you
are involved and must not be used to persuade
your employees about exercising their rights
to organize and bargain collectively.
DO YOU, AS A LABOR
RELATIONS CONSULTANT,
HAVE TO REPORT ?
YES, if: 1. The purpose of arrangements or agreements you
make with an employer is for you to persuade
employees about exercising their rights to orga-
nize and bargain collectively. For example, you
have to report if—
a. You make a speech to a gathering of employees
and argue that they should not join a union.
b. You set up a union and encourage employees
to join it.
c. You persuade union members to vote against a strike.
d. You write an advertisement, on behalf of an
employer, that appears under your name or the name of a person or organization other than the employer. The ad states or implies that the employees would be better off without a union.
e. You organize
employees.
f. You set up an organization such as a "Com-
munity Industrial Development Commission'
that tells employees it is the best interest of
the community for them not to join a union.
g. You persuade employees to organize a "com-
mittee against unionism" or some similar
organization.
h. You show an anti-union movie to employees.
NO, if: a. You handle exclusively collective bargaining
negotiations for the employer.
b. You are a regular full time employee, and
persuading employces about exercising their
rights to organize and bargain collectively is
a regular part of your job.
c. You prepare an advertisement expressing the
employer's point of view in connection with
a union organization drive or representation
campaign. The advertisement is placed in
a newspaper by the employer and paid for by
him.
d. You are an attorney, and your agreement
pertains exclusively to making interpretations
or giving advice to the employer.
YES, if: 2. The purpose of arrangements or agreements you make with an employer is for you to obtain information about the activities of employees or a union in connection with a labor dispute in which the employer is involved. For example, you have to report if—
You plant agents, pretending to be regular
employees, in the employer's plant to learn
how the workers feel about a union's attempt
to organize them.
b. You persuade an employee to report to you
on the bargaining tactics of a union in the
employer's plant.
The information you agree to obtain about a union involved in a dispute with the employer is to be used exclusively in connection with an administrative or an arbitration proceeding, or a court case.
b. You merely obtain copies of a public document and transmit it to the employer.
hired by an employer to plant agents
You
in a competitor's plant to learn if a union
organizing drive is affecting the employees'
morale or productivity.
IF YOU HAVE TO REPORT
and you're an employer, you should obtain
the LMWP Technical Assistance Aid No. 4, "Guide
for Employer Reporting," and copies of the "Em-
ployer Report Form LM-10."
and you're a labor relations consultant or
other person engaging in reportable activities, you
should obtain copies of the "Agreements and Activi-
ties Report," Form LM-20, and "Receipts and
Disbursements Report," Form LM-21.
These forms can be obtained from your nearest
LMWP area office or from the Office of Labor-Man-
agement and Welfare-Pension Reports, U.S. Depart-
ment of Labor, Washington, D.C., 20210.
Employer Reports must be filed within 90 days after the end of each fiscal year in which the report
able transactions or agreements were made. For
example, if your books are kept on a calendar year
basis starting January 1 and ending December 31,
the report would be due 90 days later, on March 31.
Labor Relations Consultants must file the "Agree-
ments and Activities Report" within 30 days after
entering into a reportable agreement or arrangement.
The "Receipts and Disbursements Report," must be
filed by "labor relations consultants" within 90 days
after the end of their fiscal year during which they
made or received payments pursuant to a reportable
agreement or arrangement.
All reports must be filed with the Office of Labor-
Management and Welfare-Pension Reports in
Washington, D.C.
The Secretary of Labor has authority to make
investigations concerning compliance with reporting
requirements under LMRDA. A fine of up to
$10,000 and imprisonment for 1 year are the maxi-
mum criminal penalties for willfully violating the
LMRDA's reporting requirements, making false
statements or entries on reports, concealing informa-
tion or destroying records. Civil enforcement
actions also may be instituted for non-willful viola-
tions of these requirements.
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