One of the worst ideas that the Obama administration has proposed, making it harder for employers to obtain legal advice, is apparently moving forward. On Dec. 7, the U.S. Department of Labor submitted a draft final regulation to the White House for review which would do exactly that, assuming that the draft contains the provisions found in the proposed rule.
In the midst of a union campaign to unionize an employer, many engage attorneys and other consultants to help guide them through the process. The need for this is obvious. Labor law is voluminous and complex. For example, just one part of the Casehandling Manual from the National Labor Relations Board, ”Part Two,” dealing with proceedings in issues surrounding unionization elections is 332 pages long. All but the largest employers will have a high degree of difficulty in understanding everything that is contained in these 332 pages and the pages of other manuals, regulations, and case law without engaging counsel. Employers who attempt go to through these situations without engaging counsel often find themselves on the receiving end of an unfair labor practice charge.
