Executive Summary: Previously, we
alerted our clients that the U.S. Department of Labor (DOL) issued
the final version of its "persuader rule," which requires
employers, third-party lawyers and other labor consultants to
disclose to the DOL any arrangement to persuade employees directly
or indirectly concerning the right to organize or bargain
collectively. The rule applies to all types of union avoidance
advice and other related activities, such as responses to an actual
union organizing campaign, certain activities associated with
collective bargaining, or simply day-to-day preventive training and
policy making done with an "object to
persuade."
Although direct persuasion has always been reportable, the new
rule seeks to cover "indirect" persuader activity.
Specifically, the new rule requires employers and consultants,
including lawyers, to report when, without having direct contact
with employees, and with the object to persuade, they:
