Interpretation of the “Advice” Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act, 20245-20246 [2016-07883]
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Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations
Subpart D—Incorporation by
Reference
Lhorne on DSK5TPTVN1PROD with RULES
§ 1211.40
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at Consumer
Product Safety Commission, Office of
the Secretary, 4330 East-West Highway,
Bethesda, MD 20814, telephone 302–
504–7923 and is available from the
sources listed below. It is also available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030 or go to https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(b) Door and Access Systems
Manufacturers’ Association,
International (DASMA), 1300 Sumner
Avenue, Cleveland, OH 44115–2851,
Telephone: (216) 241–7333, https://
VerDate Sep<11>2014
15:09 Apr 06, 2016
Jkt 238001
www.dasma.com/dasma-pages/D-ASstandards.asp.
(1) ANSI/DASMA 102, Specifications
for Sectional Doors, 2011 revision, dated
May 19, 2011, into § 1211.6(c).
(2) [Reserved].
(c) National Fire Prevention
Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02269–9101,
Telephone: (800) 344–3555, https://
www.nfpa.org/.
(1) NFPA 70, National Electrical Code,
2014 edition, effective August 21, 2013,
into § 1211.2(c).
(2) [Reserved].
(d) UL, formerly Underwriters
Laboratories, International, 151 Eastern
Avenue, Bensenville, IL 60106,
Telephone: 1–888–853–3503, https://
ulstandards.ul.com/.
(1) UL 746C, Standard for Safety:
Polymeric Materials—Use in Electrical
Equipment Evaluations, Sixth Edition,
dated September 10, 2004, into
§§ 1211.10(d) and (e) and 1211.12(c).
(2) UL 991, Standard for Safety: Tests
for Safety-Related Controls Employing
Solid-State Devices, Third Edition,
dated October 22, 2004, into
§§ 1211.4(c) and 1211.5(b)(3).
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(3) UL 1998, Standard for Safety:
Software in Programmable Components,
Third Edition, December 18, 2013, into
§ 1211.8(f).
Dated: March 30, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2016–07552 Filed 4–6–16; 8:45 am]
BILLING CODE 6355–01–C
DEPARTMENT OF LABOR
Office of Labor-Management
Standards
29 CFR Parts 405 and 406
RIN 1215–AB79; 1245–AA03
Interpretation of the ‘‘Advice’’
Exemption in Section 203(c) of the
Labor-Management Reporting and
Disclosure Act
Office of Labor-Management
Standards, Department of Labor.
ACTION: Final rule; OMB approval of
information collection requirements.
AGENCY:
E:\FR\FM\07APR1.SGM
07APR1
ER07AP16.038</GPH>
21. Add subpart D, consisting of
§ 1211.40, to read as follows:
■
20245
20246
Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations
The Office of LaborManagement Standards of the
Department of Labor (‘‘Department’’)
published a final rule on March 24,
2016. The final rule revises the Form
LM–20 Agreement and Activities Report
and the Form LM–10 Employer Report,
which are filed with the Department
pursuant to the Labor-Management
Reporting and Disclosure Act (LMRDA).
In the final rule, the Department revises
its interpretation of the advice
exemption in section 203(c) of the
LMRDA to better effectuate section
203’s requirement that employers and
their labor relations consultants report
activities undertaken with an object,
directly or indirectly, to persuade
employees about how to exercise their
rights to union representation and
collective bargaining. The revised
interpretation provides employees with
important information that would
enable them to consider the source of
the information about union
representation directed at them when
assessing the merits of the arguments
and deciding how to exercise their
rights. The Department has also revised
the forms and instructions to make them
more user-friendly and to require more
detailed reporting on employer and
consultant agreements. Additionally,
with this rule, the Department requires
that Forms LM–10 and LM–20 be filed
electronically. In accordance with the
Paperwork Reduction Act (PRA), the
Department of Labor announces that the
Office of Management and Budget has
approved the information collection
requirements contained in the final rule.
DATES: On March 25, 2016, the Office of
Management and Budget (OMB)
approved under the Paperwork
Reduction Act the Department of
Labor’s information collection request
for requirements in 29 CFR parts 402–
406 and 408–409, including the
employer and labor relations consultant
reporting requirements in Parts 405 and
406, as published in the Federal
Register on March 24, 2016. See 81 FR
15924. The current expiration date for
OMB authorization for this information
collection is March 31, 2019.
FOR FURTHER INFORMATION CONTACT:
Andrew R. Davis, Chief, Division of
Interpretations and Standards, Office of
Labor-Management Standards, U.S.
Department of Labor, at (202) 693–0123
(this is not a toll-free number).
This document is available through
the printed Federal Register and
electronically via the https://
www.gpoaccess.gov/fr/ Web
site.
Copies of this document may be
obtained in alternative formats (Large
Lhorne on DSK5TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:09 Apr 06, 2016
Jkt 238001
Print, Braille, Audio Tape or Disc), upon
request, by calling (202) 693–0023 (not
a toll-free number). TTY/TDD callers
may dial toll-free (877) 889–5627 to
obtain information or request materials
in alternative formats.
SUPPLEMENTARY INFORMATION: Congress
enacted the Labor-Management
Reporting and Disclosure Act of 1959
(LMRDA), to provide for the disclosure
of information on the financial
transactions and administrative
practices of labor organizations. The
statute also provides, under certain
circumstances, for reporting by labor
organization officers and employees,
employers, labor relations consultants,
and surety companies. Section 208 of
the LMRDA authorizes the Secretary to
issues rules and regulations prescribing
the form of the required reports. The
reporting provisions were devised to
implement basic tenets of the LMRDA:
To protect the rights of employees to
organize and bargain collectively, as
well as the guarantee of democratic
procedures and safeguards within labor
organizations, which are designed to
protect the basic rights of union
members. Section 205 of the LMRDA
provides that the reports are public
information.
On March 24, 2016, the Department
published a final rule that revised the
Form LM–20 Agreement and Activities
Report and the Form LM–10 Employer
Report. See 81 FR 15924. The final rule
was based upon comments received in
a Notice of Proposed Rulemaking
(‘‘NPRM’’) published on June 21, 2011.
See 76 FR 37292. In the NPRM, the
Department proposed to revise its
interpretation of the advice exemption
in section 203(c) of the LMRDA to better
effectuate section 203’s requirement that
employers and their labor relations
consultants report activities undertaken
with an object, directly or indirectly, to
persuade employees about how to
exercise their rights to union
representation and collective
bargaining. Under the prior
interpretation, reporting was effectively
triggered only when a consultant
communicated directly with employees.
This interpretation left a broad category
of persuader activities unreported,
thereby denying employees important
information that would enable them to
consider the source of the information
about union representation directed at
them when assessing the merits of the
arguments and deciding how to exercise
their rights. The Department proposed
to eliminate this reporting gap. The final
rule adopts the proposed rule, with
modifications, and provides increased
transparency to workers without
PO 00000
Frm 00028
Fmt 4700
Sfmt 9990
imposing any restraints on the content,
timing, or method by which an
employer chooses to make known to its
employees its position on matters
relating to union representation or
collective bargaining. The final rule also
maintains the LMRDA’s section 203(c)
advice exemption and the traditional
privileges and disclosure requirements
associated with the attorney-client
relationship. The Department has also
revised the forms and instructions to
make them more user-friendly and to
require more detailed reporting on
employer and consultant agreements.
Sections of the Department’s regulations
have also been amended consistent with
the instructions. Additionally, with this
rule, the Department requires that
Forms LM–10 and LM–20 be filed
electronically. This rule largely
implements the Department’s proposal
in the NPRM, with modifications of
several aspects of the revised
instructions as proposed.
The Department’s final rule includes
information collection requirements
subject to the Paperwork Reduction Act.
Specifically, the final rule requires
information collections for employers
on the Form LM–10 Employer Report
and labor relations consultants on the
Form LM–20 Agreement and Activities
Report, pursuant to LMRDA section 203,
29 U.S.C. 433. These forms are
included, along with the other LMRDA
forms, within OMB Control Number
1245–0003. As discussed in the
preamble to the final rule, the
Department submitted the information
collections contained therein to the
Office of Management and Budget
(OMB) on February 25, 2016 for
approval. See 81 FR 16003. On March
25, 2016, OMB approved the
Department’s information collection
request under Control Number 1245–
0003, thus giving effect to the
information collection requirements
contained in the final rule published in
the Federal Register on March 24, 2016.
The current expiration date for OMB
authorization for this information
collection is March 31, 2019.
Dated: March 30, 2016.
Michael J. Hayes,
Director, Office of Labor-Management
Standards.
[FR Doc. 2016–07883 Filed 4–6–16; 8:45 am]
BILLING CODE 4510–CP–P
E:\FR\FM\07APR1.SGM
07APR1
]]>Agencies
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Rules and Regulations]
[Pages 20245-20246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07883]
=======================================================================
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DEPARTMENT OF LABOR
Office of Labor-Management Standards
29 CFR Parts 405 and 406
RIN 1215-AB79; 1245-AA03
Interpretation of the ``Advice'' Exemption in Section 203(c) of
the Labor-Management Reporting and Disclosure Act
AGENCY: Office of Labor-Management Standards, Department of Labor.
ACTION: Final rule; OMB approval of information collection
requirements.
-----------------------------------------------------------------------
[[Page 20246]]
SUMMARY: The Office of Labor-Management Standards of the Department of
Labor (``Department'') published a final rule on March 24, 2016. The
final rule revises the Form LM-20 Agreement and Activities Report and
the Form LM-10 Employer Report, which are filed with the Department
pursuant to the Labor-Management Reporting and Disclosure Act (LMRDA).
In the final rule, the Department revises its interpretation of the
advice exemption in section 203(c) of the LMRDA to better effectuate
section 203's requirement that employers and their labor relations
consultants report activities undertaken with an object, directly or
indirectly, to persuade employees about how to exercise their rights to
union representation and collective bargaining. The revised
interpretation provides employees with important information that would
enable them to consider the source of the information about union
representation directed at them when assessing the merits of the
arguments and deciding how to exercise their rights. The Department has
also revised the forms and instructions to make them more user-friendly
and to require more detailed reporting on employer and consultant
agreements. Additionally, with this rule, the Department requires that
Forms LM-10 and LM-20 be filed electronically. In accordance with the
Paperwork Reduction Act (PRA), the Department of Labor announces that
the Office of Management and Budget has approved the information
collection requirements contained in the final rule.
DATES: On March 25, 2016, the Office of Management and Budget (OMB)
approved under the Paperwork Reduction Act the Department of Labor's
information collection request for requirements in 29 CFR parts 402-406
and 408-409, including the employer and labor relations consultant
reporting requirements in Parts 405 and 406, as published in the
Federal Register on March 24, 2016. See 81 FR 15924. The current
expiration date for OMB authorization for this information collection
is March 31, 2019.
FOR FURTHER INFORMATION CONTACT: Andrew R. Davis, Chief, Division of
Interpretations and Standards, Office of Labor-Management Standards,
U.S. Department of Labor, at (202) 693-0123 (this is not a toll-free
number).
This document is available through the printed Federal Register and
electronically via the https://www.gpoaccess.gov/fr/ Web site.
Copies of this document may be obtained in alternative formats
(Large Print, Braille, Audio Tape or Disc), upon request, by calling
(202) 693-0023 (not a toll-free number). TTY/TDD callers may dial toll-
free (877) 889-5627 to obtain information or request materials in
alternative formats.
SUPPLEMENTARY INFORMATION: Congress enacted the Labor-Management
Reporting and Disclosure Act of 1959 (LMRDA), to provide for the
disclosure of information on the financial transactions and
administrative practices of labor organizations. The statute also
provides, under certain circumstances, for reporting by labor
organization officers and employees, employers, labor relations
consultants, and surety companies. Section 208 of the LMRDA authorizes
the Secretary to issues rules and regulations prescribing the form of
the required reports. The reporting provisions were devised to
implement basic tenets of the LMRDA: To protect the rights of employees
to organize and bargain collectively, as well as the guarantee of
democratic procedures and safeguards within labor organizations, which
are designed to protect the basic rights of union members. Section 205
of the LMRDA provides that the reports are public information.
On March 24, 2016, the Department published a final rule that
revised the Form LM-20 Agreement and Activities Report and the Form LM-
10 Employer Report. See 81 FR 15924. The final rule was based upon
comments received in a Notice of Proposed Rulemaking (``NPRM'')
published on June 21, 2011. See 76 FR 37292. In the NPRM, the
Department proposed to revise its interpretation of the advice
exemption in section 203(c) of the LMRDA to better effectuate section
203's requirement that employers and their labor relations consultants
report activities undertaken with an object, directly or indirectly, to
persuade employees about how to exercise their rights to union
representation and collective bargaining. Under the prior
interpretation, reporting was effectively triggered only when a
consultant communicated directly with employees. This interpretation
left a broad category of persuader activities unreported, thereby
denying employees important information that would enable them to
consider the source of the information about union representation
directed at them when assessing the merits of the arguments and
deciding how to exercise their rights. The Department proposed to
eliminate this reporting gap. The final rule adopts the proposed rule,
with modifications, and provides increased transparency to workers
without imposing any restraints on the content, timing, or method by
which an employer chooses to make known to its employees its position
on matters relating to union representation or collective bargaining.
The final rule also maintains the LMRDA's section 203(c) advice
exemption and the traditional privileges and disclosure requirements
associated with the attorney-client relationship. The Department has
also revised the forms and instructions to make them more user-friendly
and to require more detailed reporting on employer and consultant
agreements. Sections of the Department's regulations have also been
amended consistent with the instructions. Additionally, with this rule,
the Department requires that Forms LM-10 and LM-20 be filed
electronically. This rule largely implements the Department's proposal
in the NPRM, with modifications of several aspects of the revised
instructions as proposed.
The Department's final rule includes information collection
requirements subject to the Paperwork Reduction Act. Specifically, the
final rule requires information collections for employers on the Form
LM-10 Employer Report and labor relations consultants on the Form LM-20
Agreement and Activities Report, pursuant to LMRDA section 203, 29
U.S.C. 433. These forms are included, along with the other LMRDA forms,
within OMB Control Number 1245-0003. As discussed in the preamble to
the final rule, the Department submitted the information collections
contained therein to the Office of Management and Budget (OMB) on
February 25, 2016 for approval. See 81 FR 16003. On March 25, 2016, OMB
approved the Department's information collection request under Control
Number 1245-0003, thus giving effect to the information collection
requirements contained in the final rule published in the Federal
Register on March 24, 2016. The current expiration date for OMB
authorization for this information collection is March 31, 2019.
Dated: March 30, 2016.
Michael J. Hayes,
Director, Office of Labor-Management Standards.
[FR Doc. 2016-07883 Filed 4-6-16; 8:45 am]
BILLING CODE 4510-CP-P
