WASHINGTON, D.C., Nov. 16– Associated Builders and Contractors (ABC) today welcomed news that the U.S. District Court for the Northern District of Texas has permanently blocked the U.S. Department of Labor’s (DOL) “persuader rule,” officially named the "Interpretation  of  the  ‘Advice’  Exemption  in  Section  203(c)  of  the  Labor-Management  Reporting  and  Disclosure  Act." In finding the rule unlawful, the District Court has maintained employers’ right to obtain advice from labor rel

ABC reiterated its opposition to the Department of Labor’s (DOL) “persuader rule” ahead of the April 27 U.S. House Committee on Education and the Workforce Subcommittee on Health, Education, Labor, and Pensions hearing on how the newly finalized regulation limits employers’ rights and undermines the right of workers to make informed decisions in union elections. The final rule, issued March 23, redefines “persuader” activity under the Labor Management Reporting and Disclosure Act (LMRDA) and triggers expanded reporting requirements for employers and their attorneys. 

WASHINGTON, D.C., March 23 – Associated Builders and Contractors (ABC) today issued the following statement in response to the release of the U.S. Department of Labor’s (DOL) final “persuader rule.” The rule will greatly limit the ability of employers, particularly small businesses, to obtain advice from labor relations experts, and in turn deprive employees of their right to obtain balanced information about union representation.

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 

ABC, as part of a coalition representing more than 50 employer organizations, sent a letter Dec. 18 to the Office of Information and Regulatory Affairs (OIRA) urging them to delay issuing the Department of Labor’s (DOL) final persuader rule until it finalized a rulemaking scheduled for later this year that will make significant changes to Form LM-21, which employers are required to file when they hire a persuader. The final “persuader” rule is currently under review at OIRA.

In addition to the OSHA and federal contracting regulations, the latest regulatory agenda, released Nov. 21, outlines the Department of Labor’s (DOL) plan to move forward with the controversial persuader rule and overtime requirements among other important rules affecting the construction industry.

According to its latest regulatory agenda released May 23, the U.S. Department of Labor (DOL) plans to finalize its controversial “persuader” final rule by December 2014, which severely narrows long-standing reporting exemptions for employers and third-party experts, and redefines labor relations “advice.”  

In a letter to Labor Secretary Thomas Perez, ABC Feb. 19 strongly criticized the U.S. Department of Labor’s (DOL) “persuader” reporting rule that would change the long-standing interpretation of “advice” under federal labor law. ABC, along with 53 other employer organizations, reiterated its strong opposition to proposal, while highlighting additional concerns.

The National Labor Relations Board (NLRB) Dec. 9 agreed to dismiss its appeal of a court ruling invalidating its controversial “ambush” election rule, which would have drastically reduced the amount of time between when a union files a representation petition and an election takes place.

In its regulatory agenda released Nov. 27, the Department of Labor (DOL) listed a date of March 2014 to release its “persuader” final rule , which severely narrows long-standing reporting exemptions for employers and labor relations experts and redefines “advice.”   If the rule is finalized, it will greatly expand the circumstances in which third party advice, which employers use to educate their employees about collective bargaining, would have to be reported by both the employer and the third party. Third parties include attorneys and association staff. As the proposal is currently written, the disclosure requirements also inclu