We don’t normally talk a lot about NLRB decisions and rulings related to the NLRB on this blog. However, in light of the importance of the DOL Persuader rule, we wanted to update you on events that have management-side attorneys jumping for joy.
If you are thinking to yourself that you have no idea what the DOL Persuader rule is, the short version is that it would have directly impacted the advice that attorneys could give employers during union organizing campaigns as some of that advice could be deemed persuader activity under the Labor Management and Reporting Disclosure Act (“LMRDA”). This rule would impact even non-unionized employers as it may apply to questions employers ask counsel about handbook policies such as non-solicitation provisions and progressive discipline policies that an employer wants to implement to thwart attempts at unionization.
The rule and the decision are discussed in more detail on the Firm’s Franchise Law Update. The decision can be found here: National Federation of Independent Business, et als. v. Perez.
The Court found that the rule was vague and intruded on employers’ First Amendment rights. Although this is a significant victory for employers and their counsel, it may be temporary. The decision will likely be appealed.
We will keep you posted. In the meantime, if you have not already spoken to labor counsel about the potential implications of the rule, we recommend that you do so.