RESEARCH TRIANGLE PARK, N.C. – The Automotive Aftermarket Suppliers Association (AASA) in conjunction with the Motor & Equipment Manufacturers Association (MEMA) filed comments on Sept. 21 with the U.S. Department of Labor (DOL) opposing the proposed changes to the Labor-Management Reporting and Disclosure Act, which the associations say could limit employer access to legal counsel during union organization.

“AASA is concerned that the rules could make it difficult for automotive aftermarket full service suppliers — especially small- and medium-sized manufacturers — to access the necessary legal assistance to help comply with complex labor relations laws,” said Steve Handschuh, president and COO of AASA.

Current regulations require employers, law firms and other labor union experts to disclose assistance from consultants meant to directly “persuade” employee decisions regarding unionization. AASA opposes the proposed change, which would expand the definition of “persuader” to include a much wider category of activities currently recognized as confidential labor law advice. With these changes, routine tasks such as training supervisors or changing written materials would require public disclosure under threat of criminal penalty, AASA points out.

“In the face of the reasoned analysis applied and defended by the Department of Labor for a half century, the decision to change the interpretation of the ‘Advice Exception’ is arbitrary and capricious. It is unsupported by any new circumstances or substantial evidence supporting a new interpretation of the statute,” the comments noted.

“Many aftermarket suppliers, particularly at the small- and medium-sized operations, may not have the resources for in-house labor law experts,” Handschuh said. “Preserving the right to confidential outside counsel is critical for AASA members.”

The full text of the comments can be viewed here.