Labor Department’s Persuader Rule Undermines Employers’ Rights and Threatens the Attorney-Client Relationship
by John Malcolm
The Heritage Foundation
August 26, 2013
Union membership in America is in decline, plunging from 20 percent of workers in 1983 to 11.3 percent (and only 6.6 percent among private-sector workers) in 2012. It is no secret that the Obama Administration is working overtime to reverse this trend. To this end, the Administration is now pushing a radical reinterpretation of an obscure, 50-year-old labor law that would give unions an edge by making it harder for employers to receive legal advice about labor and employment issues. This new interpretation runs contrary to congressional intent and will impose enormous costs on American businesses. It also poses a serious threat to the confidential nature of the attorney-client relationship and sacrifices the stability, even-handedness, and efficacy of the current rule.