Labor Law-Two Views of a Labor Relations Consultant’s Duty To Report Under Section 203 of the LMRDA

Title II of the Labor-Management Reporting and Disclosure Act (LMRDA) requires unions, union officials, union employees, employers and “labor relations consultants” to file various reports with the Secretary of Labor. The purpose of these provisions is to discourage corrupt, though not necessarily illegal, labor management activities by disclosing them for public scrutiny. Section 203(b) of the Act, which is aimed at the “labor relations consultant,” states that “every person” who agrees with an employer to “directly or indirectly” (1) “persuade employees” regarding their right to organize and bargain collectively or (2) inform the employer of certain union-employee activities must file within thirty days of the agreement a report containing “a detailed statement of the terms and conditions of such agreement.” Section 203(b) further requires “every such person” to file an annual report setting out his “receipts of any kind from employers on account of labor relations advice or services and their sources” and his disbursements “in connection with these services.”