Weak disclosure rules have allowed anti-union consulting and legal work to remain hidden from the public eye. Despite requirements for consultants to disclose their names and fees to the federal government, many fail to do so in a timely manner, leaving workers uninformed. Some consultants file their disclosures late or provide incomplete information, while employers often do not disclose how much they spent countering the union. This lack of transparency frustrates worker advocates who believe that employees have the right to know how money is affecting their vote in union elections. The HuffPost published a series of articles based on documents obtained from the National Labor Relations Board and the Labor Department, revealing the questionable practices in the “union avoidance” consulting industry. Many consultants are reluctant to share their identities and fees with workers, using fake names or providing inadequate disclosures. Additionally, a nonprofit called LaborLab found that 82% of consultants did not disclose their relationships on time, giving them an unfair advantage over workers. There are gaps in the transparency law, making it difficult to track all the money flowing through the industry. The Office of Labor-Management Standards (OLMS) acknowledges the compliance issues and has set up a tip line for workers to report non-compliance. However, consultants and employers face few consequences for late or incomplete disclosures. The Obama administration attempted to introduce stricter regulations, but they were met with resistance from employers who claimed that it violated attorney-client privilege. Weak enforcement of disclosure rules continued under the Trump administration, but there has been a resurgence under President Joe Biden. Nevertheless, more needs to be done to ensure transparency in the anti-union consulting industry.
Why is Our Knowledge of the U.S. ‘Union Busting’ Industry So Limited?
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