Trade Associations As “Persuaders”

Starting this month, advice that has the direct or indirect effect of persuading employees to reject a union has to be reported, even if the persuader does not have direct contact with employees. To what extent does this requirement obligate trade associations? As this article from Ogletree Deakins attorneys makes clear, it’s a complicated question. They look at a number of potential scenarios, and in commentary that will be of interest to both trade associations and their members, consider to what extent these scenarios may entail reportable activity. For example, if a trade association “plans, orchestrates, or scripts a member’s response to union organizing, the trade association would be a persuader to the same extent as any other labor relations consultant,” they write. “Things get tricky when trade associations provide newsletters, seminars, and other services that members can use to curtail union organizing.”