In a significant move, the US Department of Labor has announced the final version of a new rule that would make it mandatory for restaurateurs as well as other employers to disclose any arrangements they have with external consultants seeking to influence workers not to unionize or back the bargaining stance of their unions.
While various business groups condemned the new rule, the Labor Department asserted that it was simply seeking to shut a long time ambiguity in the regulations for a 1959 law - the Landrum-Griffin Act -that sought to necessitate additional disclosure by unions as well as employers.
According to the new rule, henceforth employers will be required to disclose their communications with the consultants, suggesting that it would be necessary to inform the labor organizers about the strategies as well tactics for remaining union-free, Restaurant Business Online reported.
As the number of union avoidance consultants surging since the 1970s, several labor unions have been urging the Labor Department to come out with tougher "persuader rule," as the 1959 law makes it necessary for the employers to disclose details regarding outside consultants that try to directly or indirectly to influence the employees not to form a union or participate in the union's activities.
"Workers should know who is behind an anti-union message. It's a matter of basic fairness," the Guardian quoted the U.S. Labor secretary Thomas Perez as saying. Perez further said that the new rule will enable the workers to know whether the messages they are receiving are coming directly from their employers or from any third-party consultant hired by their employers.
It is worth mentioning here that several restaurant companies regularly seek the help of consultants during union-organizing efforts, as most are not familiar with such experience. Usually, they argue with the representatives of employees' unions who are very experienced in organizing.
The new rule takes effect July 1, the U.S. Labor Department has stated.