On Friday, December 21, 2012 the Administration published its regulatory agenda for the coming year.  The Administration usually publishes a Spring version but did not do so in 2012.  Among the several regulations in process, the regulatory agenda notes that the U.S. Department of Labor’s proposed narrowing of the 50 year interpretation of the “advice” exemption contained in the Labor Management Reporting and Disclosure Act (“LMRDA”) will reach final stages in April 2013.

We previously detailed the changes.  In a nutshell, the proposed persuader regulation would require, among other things, financial reporting for any situation where an outside party assists an employer with communication with its own employees.  The Department of Labor received several thousand comments and it is fair to say there hardly was a consensus over the need to change the regulations.  This lack of consensus also likely means there will be challenges to the new rule and we will be closely monitoring the situation.

More updates to come on this important issue.

Posted in Advice Exemption, Department of Labor, Labor Relations Consultants, Persuader Rules
Tags: Labor Management Reporting and Disclosure Act, labor relations consultants, LMRDA, persuader regulations, U.S. Department of Labor
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Photo of Mark Theodore Mark Theodore

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice…

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice Group.

Some recent highlights of his career include:

  • Successfully defended client against allegations that it had terminated a union supporter and isolated another. T-Mobile USA, Inc., 365 NLRB No. 15 (2017).
  • Successfully appealed NLRB findings that certain of client’s written policies violated the National Labor Relations Actions Act.  T-Mobile USA, Inc., 363 NLRB No. 171 (2016), enf’d in part, rev’d in part 865 F.3d 265 (5th Cir. 2017).
  • Represented major utility in NLRB proceedings related to organizing of planners.  Secured utility-wide bargaining unit. Bargained on behalf of grocery chain.  After negotiations reached an impasse, guided the company through lawful implementation of five year collective bargaining agreement.
  • Coordinated employer response in numerous strike situations including a work stoppage across 14 western states of the client’s operations.

Mark has extensive experience representing employers in all matters before the NLRB, including representation petitions, jurisdictional disputes and the handling of unfair labor practice charges from the date they are filed through trial and appeal. Mark has acted as lead negotiator for dozens of major companies in a variety of industries, including national, multi-unit, multi-location, multi-employer and multi-union bargaining. Mark has handled lockout and strike situations, coordinating the clients efforts.

In addition, Mark has handled hundreds of arbitrations involving virtually every area of dispute, including contract interest arbitration, contract interpretation, just cause termination/discipline, benefits, pay rates, and hours of work.

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