“Lifting the Veil” on Anti-Union Activities: Employer and Consultant Reporting under the LMRDA, 1959–2001

For over thirty years, one of the most overt forms of employer opposition to unionization has been anti-union campaigns conducted by union avoidance consultants. As a result, both union and employer associations have attempted to influence the provisions of the LMRDA that cover consultant activities. This article provides the first comprehensive historical analysis of the LMRDA's reporting and disclosure requirements covering employers and consultants. The first section examines consultant reporting policy from the late 1950s to the late 1970s, a period when unions filed relatively few complaints and the DOL initiated few investigations, but the consultant industry expanded significantly. Section two examines developments in the 1980s – the period of greatest congressional and judicial activity on consultant reporting since the 1950s. The final section looks at post-1980s events and examines why organized labor has persisted with its campaign to reform government policy on consultant reporting, despite its inability to make progress on the issue over the past four decades.