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January 27, 2016

CUE Helps You See The Wide World of Labor Relations

CUE members receive a significant number of benefits as part of their on-going membership.

Our semi-annual CUE Conferences feature speakers and discussions on the best positive employee relations practices, the opportunity for businesses to exchange information on their experiences with organized labor, response planning for the latest NLRB rule changes, sharing best practices in positive employee relations practices, and the ability participate in highly focused industry specific networking sessions. Our next CUE conference event will be in Orlando May 15-17th. Members receive a substantial 22% discount off the full event price of $995.00, and members sending teams of 5 or more can save up to 30% per attendee.

CUE members also receive a wide variety of weekly, monthly and quarterly e-publications and newsletters that highlight the most current changes in positive employee relations and labor law, as it pertains to remaining union-free.

CUE Expert Committees provide support for CUE programs and resources.

For example, the CUE Labor Lawyers Advisory Committee, a group of nationally prominent attorneys with years of expertise in labor and employment law, keeps members advised of legal developments and offers practical advice through regular publications such as our CUE Legal Alerts (member access only), which features information like this:

As we enter the new calendar year, employers should be mindful of several important labor developments that occurred in 2015 that will shape the legal landscape in 2016.

Change In Persuader Rules

Author: David A Wimmer, Shareholder with Swerdlow Florence Sanchez Swerdlow
& Wimmer, a management-side, labor and-employment law firm based in Beverly Hills, CA

On December 7, 2015, the DOL forwarded the long-anticipated revisions to the “persuader rules” to the Office of Management and Budget – an important final step before the new rules can take effect. Because the DOL has set March 2016 as the target date for implementation, employers should begin to prepare for the impending publication.

Currently, the Labor-Management Reporting Disclosure Act (LMRDA) requires an employer to report each time it engages a consultant to persuade regarding their right to bargain collectively or organize. Failing to report such “persuader activity” could result in jail time and a fine of $10,000. An exception to this requirement, however, is that employers are currently free to avoid disclosing the engagement
of an attorney to give advice about organizing campaigns as long as the attorney does not have contact with the employees and as long as the employer is free to accept or reject the attorney’s advice. This long-standing exception to the LMRDA reporting requirements is called the “advice exception.”

The soon-to-be-final rules, however, would narrow the advice exception and would require employers to now report a great deal of information regarding the legal advice they receive in organizing
campaigns. Critics of the proposed rule, including the American Bar Association, contend that such a change would interfere with the attorney-client relationship and would have a chilling effect on the employer’s free speech during union campaigns. Although legal challenges to the final rules are expected
once they are published, employers should be aware that these changes to the LMRDA reporting requirements are right around the corner.

The CUE Consultants Advisory Committee provides access to the expertise of the top labor and employee relations consultants in North America, including the 2015 CUE Labor Trends Report which will be released to members in the very near future. The report covers evolving labor trends, including the increasing use of social media tools by labor organizations.