The U.S. Department of Labor (DOL) has issued a proposed form revision calling for federal contractors that use "persuaders"—consultants or attorneys who inform employees about the possible effects of unionization—to be publicly identified. The proposal could result in fewer contractors using persuaders.

The DOL recommended adding a box to its LM-10 form, which employers that engage persuaders file, for federal contractors and subcontractors to check if engaged in persuader activity.

"The public exposure would allow for an open public discussion and debate about the prevalence of persuader activity and the extent to which specific federal agencies might be indirectly supporting such activities by doing business with employers that engage in persuader activities," the DOL stated in its justification for the change.

"The proposed change may have a chilling effect because the rule is described as being crafted to identify 'unethical' employer activities, and similarly negative terms," Cheryl Behymer, an attorney with Fisher Phillips in Columbia, S.C., and Todd Lyon, an attorney with Fisher Phillips in Portland, Ore., wrote in a joint e-mail.

"The LM-10 proposal notes that it will allow employees and contracting agencies to identify employers that may be using federal funding to what the rule characterized as resisting union activity, thereby allowing contracting agencies to reject those employers on future federal projects," they noted.

Closer Scrutiny

"Employees have a...

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