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Regulatory Developments

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Although still in its infancy, SHRM’s grassroots Advocacy Team (A-Team) program has made significant advancements to SHRM's public policy efforts.  And the recent regulatory actions by the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) have provoked a robust response from members, state councils, and chapters.  

On Sept. 21, SHRM submitted comments to the U.S. Department of Labor (DOL) in response to its proposed “persuader activity” rules. We feel the proposed rules change almost 50 years of consistent application of the Labor-Management Reporting and Disclosure Act and greatly expand the types of activities that must be reported under the law. 

Currently, employers must report relationships they have with labor relations consultants for informing employees of their rights to organize and bargain collectively. Under the DOL proposal, required reporting would be much boarder, to include drafting or revising of materials, speeches, and websites; developing supervisor training; and drafting personnel policies. 

SHRM’s comments, available HERE, were supported by 47 SHRM chapters and 15 state councils as signatories. In addition, over 2,400 members accessed the government’s rulemaking portal to submit their own comments to the DOL.

Members were also active in debate last month over the NLRB’s proposal to shorten the time employers can communicate with employees during an organizing campaign—dubbed the “quick election” rule. Almost 50 state councils and chapters were signatories to SHRM’s comments, seen HERE, and more than 6,800 members submitted their own comments.

As legislative attempts to amend employment and labor law have failed or stalled in Congress, some federal agencies have turned to the rulemaking process to advance administration priorities. SHRM’s Government Affairs team monitors such activity closely and will keep members aware of potential rule changes. We’ll also continue calling on members to make their views known in Congress and the federal bureaucracy, as A-Team district captains and advocates did in over 45 face-to-face meetings with legislators and staff back home in their states over the congressional August recess. 

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