July 1, 2011_nWLP 6/28/11 10:10 AM Page 2
Labor Dept. seeks rule to shed light on union-buster expenditures
WASHINGTON, D.C. —The U.S.
Department of Labor (DOL) is propos-
ing a new rule that would shed more
light on union-busters by narrowing a
loophole that they’ve used to hide their
activities.
Under the 1959 Landrum-Griffin
Act, employers are obligated to file a
form with the Office of Labor-Man-
agement Standards if they pay a labor
relations consultant or other person to
persuade employees against unioniz-
ing. Under the regulation this is known
as “persuader activities.”
[The Landrum-Griffin Act also re-
quires unions to annually report their
finances and activities. The rules are
much more extensive for unions than
they are for businesses.]
Union officials estimate union-bust-
ing firms rake in more than $300 mil-
lion a year on “persuader activities.”
But no one really knows for sure, the
DOL says, because reported spending
by that industry and its use by employ-
ers is hidden.
One way union busters and employ-
ers hide spending is through a loophole
in the regulation that allows an exemp-
tion if the consulting firm offers only
“advice” and doesn’t actually interact
with employees. In other words, a
union-buster can get away with not re-
porting anything if it has only “indi-
rect” contact with the workers, such as
creating an anti-union campaign for a
company, or writing anti-union
speeches for employers.
In an official notice published June
21, the Office of Labor-Management
Standards said that currently union-
busters’ reporting is “negligible” be-
cause they take advantage of the advice
exception.
Under DOL’s new proposal, “re-
portable ‘persuader activities’” by
union-busters would be “all actions,
conduct, or communications that have
a direct or indirect object to persuade
employees.”
That means not just advice, but also
preparing materials, creating a cam-
paign or coaching bosses in union-bust-
ing, or almost any other anti-union ac-
Portland union electrical contractor involved
with creation of solar vehicle charging station
The first of its kind in the Pacific
Northwest, a solar/electrical vehicle
charging station opened with a ribbon-
cutting ceremony June 8 at the Portland
Development Commission (PDC)
parking lot on 3620 NE Martin Luther
King Jr. Boulevard.
The publicly accessible solar elec-
tric charging station includes a quick
charger that drivers can plug their elec-
trical cars in with a “shade” made of
solar panels. Two cars can be parked
under the shade at a time. It has the ca-
pacity to fully charge six electric vehi-
cles per day. The charging station will
be able to service cars such as the
Chevrolet Volt, Nissan LEAF and a va-
riety of other electric vehicles.
The charging station is the creation
of Christenson Electric of Portland and
EV4 Oregon. Founded in 1945, Chris-
tenson Electric is one of the largest
electrical contractors in the Northwest,
with a workforce of approximately
400. The company is signatory with the
International Brotherhood of Electrical
Workers.
The two companies formed a spe-
cial joint venture to create the solar
electric charging station, also known as
an energy transfer merchant. An ETM
has the ability to use both solar and
electrical power to charge electrical
cars. The charging station is built by
Oregon companies, using Oregon
products, as a kit that can be assembled
anywhere in four days.
“We’re very excited to see this con-
cept come to life,” said Dean Skaar,
vice president of business development
at Christenson Electric. “We’ve been
working with EV4 Oregon for a few
years to bring this charging station
from the drawing board to the real
world. Being based in the Northwest, it
was natural for us to work with a com-
pany and a project that incorporates re-
newable energy.”
The June 8 ribbon-cutting ceremony
started with speeches from PDC Exec-
utive Director Patrick Quinton, Bon-
neville Power Administration Vice
President Mike Weedall, Multnomah
County Chair Jeff Cogen, and Eric An-
derson of Pacific Power.
tivity. It also means “oral or written rec-
ommendations regarding a decision or
a course of conduct,” even if the em-
ployer rejects it.
The Labor Department views re-
porting of persuader agreements or
arrangements as providing employees
with essential information regarding
the underlying source of the views and
materials being directed at them, as aid-
ing them in evaluating their merit and
motivation.
DOL said disclosing the union-bust-
ing consultants’ activities would “miti-
gate the disruptive impact of labor rela-
tions consultants, or as Congress called
them, ‘middlemen,’ on peaceful and
stable labor relations.”
“Full disclosure of the participation
of outside consultants will lead to a bet-
ter informed electorate, which invari-
ably produces more reliable and ac-
ceptable election results less subject to
charges and counter-charges, and thus
becomes a less disputed, more stable
foundation for subsequent labor-man-
agement relations,” DOL said.
DOL emphasized that it could have
changed the advice exemption admin-
istratively, but it wants a formal rule
that will lock in standards for when and
what union-busting consultants must
report. The Labor Department held
meetings in 2009-10 with stakeholders
— unions, businesses and consultants
— to discuss its plan.
The DOL tried to rein in the con-
sultants’ abuse of exemptions in the
closing days of the Clinton Adminis-
tration, but that effort was quickly
dumped when George W. Bush took
office.
Summer School set
Aug. 5-7 in Eugene
EUGENE — The Oregon AFL-CIO
Summer School is scheduled Aug. 5-7
at the University of Oregon. This year’s
guest speaker will be Wisconsin AFL-
CIO Legislative Director Joanne Ricca.
Some of the core courses to be
taught will include Media Training for
Labor Activists; The Real Life of Stew-
ards; and Building the Union: Keeping
and Expanding Your Activist Base.
Workshops will focus on communicat-
ing across generations, bully bosses and
harassment, and dealing with member
conflicts.
“Come ready to learn, share experi-
ences, get to know other union broth-
ers and sisters from Oregon, and enjoy
the solidarity,” said Helen Moss of the
Labor Education and Research Center
at UO, which co-hosts the event with
the Oregon AFL-CIO.
Registration is $230 for commuters.
Rates are available for lodging at uni-
versity dorms. For more information,
call Moss at 503-412-3722 or by e-
mail her at hmoss@uoregon.edu.
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NORTHWEST LABOR PRESS
JULY 1, 2011