Tuesday, August 11, 2009

Eleventh Circuit on the Labor-Management Reporting and Disclosure Act of 1959

In Michael J. Warshauer v. Hilda Solis (08-13739), the Eleventh Circuit discussed the Labor-Management Reporting and Disclosure Act of 1959 and held:

The case concerns certain website advisories the Secretary issued regarding reporting obligations under the Act, and the extent to which a designated legal counsel (“DLC”) must file annual reports of payments the DLC makes over a designated dollar amount to a union or union officer or employee. A DLC is an attorney recommended by a labor union to its members for representation in personal injury lawsuits, who usually does not play a role in labor relations and is not in an actual or potential bargaining relationship with the labor organization. Our consideration of the plain language of the LMRDA leads us to conclude that the Secretary’s interpretation is not arbitrary and capricious, such that the appellant, Michael Warshauer, a DLC, is required to file the annual reports. We also find that the Secretary was not required to engage in notice and comment rulemaking when she issued the website advisories.


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