Labor Department Secretary Tom Perez and the unions were dealt a devastating blow recently when U.S. District Court Judge Sam Cummings issued a preliminary injunction to stop the Department’s lawless “Persuader Rule” from going into effect across the nation.
The “Persuader Rule” would have forced employers to disclose the hiring of organizing consultants to the Labor Department. The rule greatly narrowed the “advice exception” in the current rule and would have required disclosure of the hired consultants regardless if they actively engaged in persuader activity to promote an anti-union message or not.
While Secretary Perez continues to be the puppet of Big Labor bosses by claiming, “workers should know who is behind an anti-union message,” businesses and legal associations felt the rule would infringe on their First Amendment Rights and would “threaten client-lawyer confidentiality.” Businesses and attorneys fear that the rule would prevent employers from speaking on labor issues or seeking legal counsel, therefore placing businesses on an uneven playing field with unions and their organizing efforts.
Republican Senators Jeff Flake and Lamar Alexander appropriately defended the business community’s claim by saying the rule would allow unions to “steamroll” over workers and “create an uneven playing field” favoring unions and burdening small businesses.
Judge Cummings agreed with businesses across the country that have lined up to fight the rule, saying it infringes on First Amendment Rights and poses “a substantial risk that attorneys will cease providing certain advice, including some legal advice, and that employers would cease to seek it.”
The “Persuader Rule” is a prime example of the Obama Administration’s continuous lawless rule writing overreach primed to destroy business and appease big union bosses.