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Employers may not divulge antiunion advice.

Employers may not divulge antiunion advice

The Court of Appeals for the District of Columbia has ruled that employers cannot be required to divulge to unions advice they receive from law firms or labor consultants on conducting antiunion campaigns. This ruling supports the Department of Labor's position that it is not required to divulge the contents of LM-10 reports that employers must file with the Department when they spend money for certain reasons, including advice on how to foster antiunion sentiment in their employees. This type of information could aid a union in an organizing drive or in filing unfair labor practices complaints with the National Labor Relations Board.

In the 3-0 decision, the court held that if a consultant's advice is not binding on the employer, that advice need not be disclosed to a union.

The Auto Workers union had initiated the case in 1982, complaining to the Department of Labor that Kawasaki Motors Manufacturing Corp. failed to disclose certain antiunion actions. The Auto Workers, supported in the case by the AFL-CIO, did not immediately indicate whether it would appeal the decision.

The LM-10 form must be filed by management under the Labor-Management Reporting and Disclosure Act of 1959 to aid the Federal Government in assessing management's actions regarding unions.
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Title Annotation:Developments in Industrial Relations
Author:Ruben, George
Publication:Monthly Labor Review
Date:May 1, 1989
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