Texas judge blocks administration’s union ‘persuader rule’

A Texas district court judge Wednesday issued an order to block the Labor Department from enforcing its union “persuader rule.”

Judge Sam Cummings granted a motion for summary judgment in favor of the National Federation of Independent Business (NFIB) that turns the temporary stay he ordered in June into a permanent injunction.

In the two-page order, he said the rule “should be held unlawful and set aside.”

The rule finalized in March would forced employers to disclose outside consultants they hire to counter workers’ union organizing efforts. It required employers to report any action, conduct or communication undertaken — explicitly or implicitly, directly or indirectly — to influence an employee’s decisions regarding his or her representation or collective bargaining.

NFIB and groups like the National Association of Manufacturers sued over the rule, arguing that it violated employers’ First Amendment rights to free speech and will prevent employers from seeking legal counsel. 

“Small business owners today are relieved that they will still have the right to seek legal advice when facing a union election,” said Karen Harned, executive director of the NFIB’s Small Business Legal Center, in a statement. 

“Labor law is extremely complicated, and small business owners rely on the advice of experts to help them navigate through unfamiliar territory.”  

In an email to The Hill, the Labor Department said, “We do not have a comment at this time.”

Updated at 3:49 p.m.