AGC joined 54 trades associations in a letter to the Department of Labor (DOL) on the proposed “persuader” rulemaking from the Office of Labor-Management Standards that would broaden reporting requirements of labor relations consultants (including attorneys and associations) who conduct activities to persuade employees concerning their rights to organize or bargain collectively and of the employers who receive assistance from such consultants. The proposed rule would have a damaging impact on the construction industry due to various unique features of labor relations and labor law in the industry and due to the rule's inclusion of association-provided advice and education as "persuader" activity.
According to the most recent Regulatory Agenda, the persuader rule is scheduled to be finalized next month. The same agenda has another proposed rulemaking for November that involves significant changes to a form that is integral to the persuader reporting process, the Form LM-21. The letter signed by AGC states that the two rules should be consolidated for efficiency reasons and to provide the regulated industries an opportunity to fully assess the impact of the two rules. The letter also states that absent a withdrawal of the persuader rule that it should be delayed until DOL determines what changes will be made to the reporting form.
AGC submitted comments to the proposed persuader rule in 2011 and will continue to evaluate how to respond when the final rule is issued.
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