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GOP Moves to Block New Persuader Rule

Gerald Lutkus

Gerald F. Lutkus

Of Counsel (Retired)

Rep. Bradley Byrne (R-AL) has introduced a resolution (H.J. Res. 87) to block the implementation of the Department of Labor’s new “Persuader” Rule. The resolution is made pursuant to the Congressional Review Act and seeks to block the rule which is scheduled to go into effect on April 25. Critics of the new rule argue that the regulation will make it harder for employers to communicate with employees and undermine the right of workers to make informed decisions in union elections.  Others have contended that it violates the attorney-client privilege between lawyers and their clients. In introducing the resolution, Rep. Bradley stated that “Worst of all, no one would be hurt more by the persuader rule than small- to medium-sized businesses. The rule is ultimately just another attempt by the Obama administration to upset decades of legal precedent and put the interests of Big Labor bosses over what is best for American workers. Congress must act to stop this flawed rule from moving forward.” A copy of the press release from Rep. Byrne and the Education and Workforce Committee of Congress discussing the resolution is available here. The Persuader Rule is already subject to challenges in lawsuits filed in Minnesota by the Worklaw Network, an association of labor and employment law firms, and in Arkansas by the National Association of Manufacturers, other industry groups and Arkansas labor and employment law firm Cross Gunter Witherspoon & Galchus PC. The suits claim that the new rule is unconstitutional and violates the Labor Management Reporting and Disclosure Act of 1959 (the Landrum–Griffin Act). See our previous coverage of the new rule.


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