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The Northern
District Court of Texas issued a nationwide injunction Tuesday against a
wide-reaching Labor Department rule governing union organizing and collective
braining known as the “persuader rule.”

The court’s
conclusion defined the rule as “defective to its core because it entirely
eliminates the Labor Management Reporting Disclosure Act’s (LMRDA) advice
exemption.” This injunction will prevent the rule from going into effect July
1, 2016, and will for the time being relieve employers from having to comply
with this burdensome regulation.

The rule, a
regulatory priority for the DOL, would demand employers as well as their
advisors such as attorneys and consultants to file public reports with the
department disclosing any conversations that incidentally “persuade” employees
upon union organizing or collective bargaining.

The regulation
changes the federal disclosure rule, which would make it extremely difficult
for employers to obtain confidential legal advice or similar advice regarding
labor and employee relations issues. This would lead to complications with the
employer’s ability to discuss employee relations and legally communicate with
employees about unionization.​

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