The Department of Labor (DOL) has set a December timeframe for issuing the Persuader Rule, which would limit ways in which employers can communicate with their employees as they decide whether to unionize.
The Department of Labor has postponed issuing a final Persuader Rule multiple times and most recently had planned to issue it in July 2015.
The Coalition for a Democratic Workplace (CDW), of which NATSO is a member, plans to challenge any final rule in court that is substantially similar in impact to the proposed Persuader Rule issued in June 2011.
The proposed Persuader Rule was opposed by many groups because it would deprive employers of their right to free speech, freedom of association and legal counsel, and would deprive employees of their right to obtain balanced and informed input from both sides as they decide whether to be represented by a union.
The proposed rule also would greatly expand the circumstances in which third-party advice, which employers use to educate their employees about collective bargaining, would have to be reported by both the employer and the third party. Third parties include attorneys and association staff.
Under existing law, if an employer hires an outside consultant, including an attorney, to persuade employees with respect to their rights under the National Labor Relations Act, both the employer and the consultant must file extensive reports with DOL under the Labor Management Reporting and Disclosing Act and related regulations. There is an exemption to the reporting requirement for advice, however, if the consultant or attorney does not communicate directly with employees. This allows employers to seek routine legal and other advice without triggering the reporting requirements.
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