The Persuader Final Rule realigns the Department’s regulations with the text of a law passed by Congress, the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). This Final Rule requires that employers and the consultants they hire file reports not only for direct persuader activities – consultants talking to workers – but also for indirect persuader activities – consultants scripting what managers and supervisors say to workers. Workers often don’t know that their employer hired a consultant to manage its message in union organizing campaigns, including by scripting speeches by managers, talking points, letters, and other documents. Consultants may also direct supervisors to express specific viewpoints that don’t match those supervisors’ actual views as individuals – something workers may find relevant in assessing the information they receive from their supervisors.
This Rule does not prohibit employers from hiring consultants or constrain them in what information they can provide; the Rule simply ensures that employees are given more information about the source of campaign material, which helps them make a more informed choice in exercising their rights.
This rule takes effect on April 25, 2016.
