It seems as if every time we turnaround we find another union-buster who thinks they are above the law, including Andria Danine Clay who received her law degree from Washington University in St. Louis and her B.A. from Brown University. Someone with that kind of academic background knows what they are doing and, in this case, they knew they were breaking the law.
According to filings reviewed by LaborLab this past week, Andria Danine Clay was hired by MH Mission Hospital, LLP in Asheville, NC to bust nurses organizing with National Nurses United in 2020. Yep. Andria Danine Clay was hired to bust unionizing nurses in the middle of a pandemic! Fortunately, she and her client failed.
Under the Labor-Management Reporting and Disclosure Act (LMRDA), anti-union consultants must file a Form LM-20 report with the Department of Labor 30 days of being hired by an anti-union employer for the purposes of meeting directly with organizing employees. The reason this reporting standard exists is because workers and the public have the right to know when union-busters are hired to directly "persuade" workers.
Andria Danine Clay conducted her anti-union work on April 17, 2020 and concluded on May 23, 2020. As such, Andria Danine Clay should have filed paperwork with the Department of Labor no later than May 17, 2020. However, Andria Danine Clay failed to report her anti-union activities to the Department of Labor until February, 2022, nearly two years late.
Unfortunately, the LMRDA does not provide any civil penalties for late filings. The Office of Labor-Management Services does have the authority to bring a civil action to compel a filing. Additionally, the LMRDA provides criminal penalties for a willful failure to file.
In addition to contract work, Andria Danine Clay in the Co-Founder & Chief Operating Officer Diverse Workforce Consultants.
This report was published on March 14, 2022
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