Sec. 4. Amendments to the Labor-Management Reporting and Disclosure Act of 1959
694 words·~3 min read·
/bill/115/s/2810/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 203 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433 ) is amended— in subsection (c), by striking the period at the end and inserting the following: : ; and , That this subsection shall not exempt from the requirements of this section any arrangement or part of an arrangement in which a party agrees to draft speeches, presentations, or other written, recorded, or electronic communications to be delivered or disseminated to employees for an object described in subsection (b)(1).
Provided by adding at the end the following: An employer who makes any payment (including reimbursed expenses) to a labor relations consultant or other independent contractor or organization pursuant to an agreement or arrangement described in subsection (a)(4) involving activities to disfavor a labor organization or weaken the rights of employees to organize and bargain collectively shall, except as provided in subparagraph (C), provide a report described in subparagraph
(B)to the Secretary every 7 days if such a payment was made during such 7-day period. The report described in this subparagraph shall contain— the contents of the report described in subsection
(a)with respect to any payment described in subparagraph
(A)made during the applicable period of the report; and the total amount of all such payments made pursuant to the agreement or arrangement described in such subparagraph. For the 7-day period immediately prior to the date of a representation election, an employer required to provide a report under subparagraph
(A)shall provide such report to the Secretary every 24 hours if such a payment was made during such 24-hour period. The Secretary shall establish procedures for any third-party entity that enters into an agreement or an arrangement with an employer to engage in activities to disfavor a labor organization or weaken the rights of employees to organize and bargain collectively to provide reports to the Secretary that are consistent with the procedures for the reports required of employers under subparagraphs
(A)through (C). Not later than 7 days after an employer disseminates to employees information that disfavors a labor organization or the rights of employees to organize and bargain collectively, the employer shall disclose such information, including the names and contact information for employees receiving the information, to the affected labor organization and to the Secretary. A labor relations consultant or other independent contractor or organization that provides services pursuant to an agreement or arrangement described in paragraph (1)(A) shall prior to, and as a condition for, providing such services register with and be certified by the Office of Labor Management Standards. The Secretary shall prescribe a process for the registration and certification required under subparagraph (A). Such process shall include requiring the labor relations consultant, other independent contractor, or organization described in such subparagraph to— provide its name, address, business telephone number, and principal place of business; provide the name of its principal officers, if any; provide a general description of its business activities; and submit to a criminal background check conducted by the Secretary at the expense of such consultant, independent contractor, or organization. The Office of Labor Management Standards shall not register and certify under this paragraph any labor relations consultant, independent contractor, or organization that has been convicted of any offense described in section 504(a). . Section 210 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 440 ) is amended— by striking Whenever and inserting
(a)Whenever ; and by adding at the end the following: Except as provided in paragraph (2), the Secretary shall impose on any employer that violates paragraph
(1)or
(2)of section 203(h) a civil penalty in an amount not to exceed $10,000 for each violation. An employer shall not be subject to a civil penalty under paragraph
(1)if the employer can show a good faith attempt to comply with paragraph
(1)or
(2)of section 203(h). The Secretary shall impose on any labor relations consultant or other independent contractor or organization that violates section 203(h)(3) a civil penalty in the amount of $250 per day for each day the consultant, independent contractor, or organization is not in compliance with such section. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources