AGC of America submitted a letter to the U.S. Department of Labor on August 10 in support of the Department’s proposed rule to rescind the controversial “persuader rule” issued during the Obama Administration.
The “persuader rule” expands the reporting obligations of labor relations “consultants” – which is broadly defined – who conduct activities to persuade employees about their rights to join a union or bargain collectively, as well as the reporting obligations of employers who receive assistance from such consultants. By narrowing the “advice” exemption to the reporting obligations, the rule requires reporting even when the consultant communicates only to the employer and has no direct contact with employees, if an object of the communications is to “persuade” employees. The rule was issued last year but was enjoined by a federal district court on a nationwide basis prior to implementation.
AGC’s comment letter reiterates the concerns that AGC raised during the original rulemaking. These concerns include various legal and practical problems, as well as the anticipated damaging impact in the construction industry. The letter asserts that the Department should promulgate rules that encourage employers to seek expert advice rather than rules, like the “persuader rule,” that hinder them from doing so.
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