Alexander: “Persuader” Rule Halted by District Court “Welcome News for American Workplaces”

“A clear reading of the law would suggest that this rule, written like so many rules out of this administration—out of thin air and not grounded in the laws as they were written by Congress—is intended only to boost organized labor." 

WASHINGTON, D.C., June 27 – Senate labor committee Chairman Lamar Alexander (R-Tenn.) today said the district court’s preliminary injunction halting the administration’s “persuader” rule is “welcome news for American workplaces.”

“In boxing, you call this the old one-two,” Alexander said. “The administration’s first strike at the American workplace was its fast-tracked ambush election process that allows a union election to occur before an employer even has a chance to figure out what is going on. Then the Department throws a right cross with this so-called ‘persuader rule’ that would only have the effect of discouraging employers from obtaining sound legal advice as they try to fend off the ambush election.”

Alexander continued: “I’m glad to see the court’s move today to halt this harmful rule, which the court said likely exceeds the Labor Department’s authority under the law. A clear reading of the law would suggest that this rule, written like so many rules out of this administration—out of thin air and not grounded in the laws as they were written by Congress—is intended only to boost organized labor.”

According to the Tennessee Bar Association, the persuader rule will discourage lawyers from giving legal advice to employers due to confidentiality concerns, and the very fact that the employer had counsel will be misconstrued by union organizers.

The new rule will require employers who receive guidance from lawyers or labor consultants to file reports to the Labor Department that they have, for example, been advised by a lawyer on what they can say to their employees in a speech without running afoul of the law.  

Earlier this month, Alexander joined Sen. Jeff Flake (R-Ariz.) in introducing a resolution to permanently block implementation of the administration’s final persuader rule, which took effect in April.

Today’s preliminary injunction from the United States District Court for the Northern District of Texas means that the persuader rule is prevented from going forward nationwide until the court decides the case, which will then be open for appeal. 

###