Had it gone into effect, the Obama administration’s 2016 persuader final rule would have significantly broadened the reporting requirements for employers, attorneys, trade associations and other third-party advisors under the Labor-Management Reporting and Disclosure Act by redefining what is meant by labor relations “advice.”
It also would have greatly limited the ability of employers, particularly small businesses, to obtain advice from labor relations experts, and in turn deprived employees of their right to obtain balanced information about union representation.
On July 18, the DOL issued a final rule rescinding the 2016 persuader rule, officially named the "Interpretation of the 'Advice' Exemption in Section 203(c) of the Labor Management Reporting and Disclosure Act.” ABC applauded the Trump administration for following through on its promise to rescind the 2016 rule.
ABC consistently opposed the persuader rule since it was first proposed in 2011 and expressed its opposition through:
• Comments submitted to DOL in September 2011;
• A letter sent to DOL in February 2014;
• A December 2015 letter to the Office of Information and Regulatory Affairs
• A January 2016 meeting with OIRA officials;
• A lawsuit filed in March 2016; and
• Comments submitted to DOL in August 2017.