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DOL’s New “Persuader Rule” Limits Employers’ Ability to Fight Union Organizing

HRLaws.com Employment Law Alert

March 23, 2016

As seen in this alert, “A new rule scheduled to take effect April 25 is seen as placing new limits on employer efforts to fight union organizing drives. The U.S. Department of Labor (DOL) has announced that it will publish its new “persuader rule” in the March 24 Federal Register.”

Charles H. Kaplan a Member of Sills Cummis & Gross was interviewed.  According to Kaplan, “In a nutshell, the new rule will improperly interfere with the privileged attorney-client relationship in labor disputes and will severely limit the actions that attorneys can take to assist employers to remain union free. Even an attorney who gives a seminar on how management can lawfully combat union organizing may run afoul of the new rule.” The alert continues, “[A]nd attorneys who draft materials that management may lawfully distribute to employees in National Labor Relations Board (NLRB) election campaigns ‘will likely violate the new rule,’ Kaplan said, adding that he expects the rule to spark a number of court challenges.”