New Labor Secretary Must Withdraw The Persuader Rule

Law360, New York (May 31, 2013, 12:24 PM EDT) -- An obscure labor law, enacted more than 50 years ago, may soon be reinterpreted by the U.S. Department of Labor in what many view as a regulatory attempt to support union organizing.

The statute — Section 203 of the Labor Management Reporting and Disclosure Act (LMRDA) — was enacted in 1959 because Congress was concerned about the activities of consultants who operated as secret agents to infiltrate a workforce and persuade employees not to unionize. It requires employers and consultants to report to the federal government if the consultants persuade employees concerning "the right to organize and bargain collectively" or if...

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