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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