CDW Statement on Federal Lawsuit Against DOL

Coalition of over 600 organizations says Labor Dept. Persuader Rule Contrary to Constitution and Other Governing Law

Washington, D.C. –The Coalition for a Democratic Workplace (CDW) released the following statement from CDW Chair Kristen Swearingen upon filing suit against the U.S. Department of Labor (DOL) challenging the Department’s rule changing reporting requirements for so-called “persuader” agreements:

“In publishing this unconstitutionally vague rule, DOL has ignored the clear language of the underlying statute, the procedural requirements Congress imposed on agency rulemaking and the thousands of comments submitted by small businesses and other stakeholders.”

“The rule is unfair and unnecessary. Employers already have to report when they hire consultants to speak with employees, so any additional requirements are simply redundant. The Department’s new rule will make it harder for employers to lawfully communicate with employees about unions and other workforce issues, unlawfully depriving them of their right to free speech under the First Amendment and the National Labor Relations Act. It will limit employees’ access to important information on a host of workplace issues, including on whether a union seeking to represent them is providing employees with all the facts.”

“The new rule fails to impose any transparency on the labor unions, which unbeknownst to employees regularly rely on high paid PR firms, front groups and salts to influence the employees’ views on their employer and the union itself.”

“With no other recourse, CDW joins seven other plaintiffs in petitioning the Federal District Court in Arkansas to overturn this ruling.”