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December 19, 2016

MSCI Coalition Scores Victory On DOL Persuader Rule

On Monday, December 12, a Texas judge issued a final decision striking down the U.S. Department of Labor’s (DOL) persuader rule, which changes federal disclosure rules to make it more difficult for employers to access legal counsel and legally communicate with employees about the pros and cons of a particular union or unionization generally. 

The U.S. Department of Justice now has 60 days to appeal the final decision, but even if the DOJ appeals last week’s decision, the case will likely be decided well into the Trump administration, a timeframe that will give the new administration the opportunity to withdraw the rule or discontinue defending it in court. 

The Metals Service Center Institute has worked with its partners at the Coalition for the Democratic Workplace (CDW) to oppose this rule. 

In related news, with the CDW, MSCI and dozens of other groups sent a letter last week to the Trump transition team, asking the President-elect to “return balance” to the National Labor Relations Board (NLRB) “by nominating new Board members who will interpret the National Labor Relations Act in a manner that is fair to workers, unions and employers alike” and by immediately designating “the current sole Republican Board Member, Phillip Miscimarra, as chairman of the NLRB.” Click here to read the full letter.