Expected Union "Persuader Rule" Angers Business Interests

[ABFwife]

Anti-union disclosures defended

In response to an Arkansas federal lawsuit challenging the recent expansion of financial disclosure rules targeting anti-union activities, the U.S. Department of Labor argues the change is fair and in the public interest.

The department's 64-page response to the suit was filed late Thursday in federal court in Little Rock where, on March 30, state and federal industry groups led by the Associated Builders and Contractors of Arkansas filed the first lawsuit in the nation challenging the new requirements.

Like similar lawsuits that quickly followed in Minnesota and Texas, the Arkansas suit alleges that the expansion of the Labor-Management Reporting and Disclosure Act of 1959 is unconstitutional. Previous administrations interpreted the law to require businesses to file reports whenever they hired consultants to "directly persuade" employees, while spending on "indirect persuasion" didn't have to be revealed.

Anti-union disclosures defended

[ABFwife]

Labor Department Seeks to Protect Regulation From Red State Onslaught

I think this is the one area where Obama has done right by us, the NLRB. And of course, look who is trying to take away these rights. Republicans!!

The Obama administration is asking a federal judge to throw out a challenge brought by ten states against a new labor regulation that will force union busters out of the shadows.

Finalized in April by the Department of Labor, the "Persuader Rule" is under assault in federal court, where several Republican-led states, are seeking an injunction against it.

According to a brief filed last week, the department argued that the state interveners claims should be rejected, and the regulation preserved.

"The public interest would be undermined if the Court were to enjoin a rule that seeks to bring greater transparency to attempts to influence employees' decisions about whether to organize and bargain collectively," the filing reads.

Labor Department Seeks to Protect Regulation From Red State Onslaught

[ABFwife]

Evidentiary hearing set for Lubbock in case against Obama administration

Texas of course!

A hearing date has been set by U.S. District Judge Sam Cummings for the lawsuit challenging the U.S. Department of Labor Persuader Rule on Monday in Lubbock.

Of the three federal lawsuits across the country trying to block the rule, this is the only one that will have an injunction hearing with witnesses and evidence, as well as the only one where 10 states have intervened as co-plaintiffs.

Evidentiary hearing set for Lubbock in case against Obama administration | Lubbock Online | Lubbock Avalanche-Journal

[ABFwife]

Federal judge puts union 'persuader' rule on hold

This is BS in my opinion. Not sounding like much of a lady these days because I have pretty much had enough of what is going on in this country. My Irish is sneaking out this morning.

A federal judge in Texas put a temporary hold on the Department of Labor's (DOL) union "persuader rule."

Judge Sam Cummings, of the U.S. District Court for the Northern District of Texas, Lubbock Division, issued an 86-page order on Monday granting a request for a preliminary injunction from business groups suing the Obama administration.

Under the order, the Labor Department is prohibited from implementing the rule, which forces employers to report any "actions, conduct or communications" undertaken to "affect an employee's decisions regarding his or her representation or collective bargaining rights," until the case is settled by the courts.

Overnight Regulation: Federal judge puts union 'persuader' rule on hold | TheHill

[ABFwife]

Federal Judge Stalls Effort to Curb Union Busters

The IBT news release on this subject.

Anti-worker, anti-union allies and business groups have found a sure-fire way to trash pro-worker federal rules -- find a federal judge to rule your way. They succeeded when a jurist in Texas halted the Labor Department’s plan to shine a light on union busters’ spending.

That’s the win the National Federation of Independent Business (NFIB) gained last week. Joined by the National Association of Home Builders and 10 Republican-run states, NFIB got U.S. District Judge Sam Cummings in Lubbock, Texas, to halt the Labor Department’s rule cracking down on the so-called “persuaders.” A similar case is pending in Minnesota.

“Plaintiffs” – the trade groups – “and intervenor-plaintiffs” – the 10 states – “are likely to succeed on their claim that DOL’s new rule exceeds DOL’s authority” under the 1959 Landrum-Griffin Act, which first discussed such “persuaders” and their roles, Cummings said.

So he issued a nationwide injunction stopping the persuader rule from taking effect.

https://teamster.org/blog/2016/07/fe...-union-busters