“Persuader” Court Action a Win for Manufacturers

Federal Appeals Court Temporarily Halts Controversial Union Rule

Washington, D.C., June 27, 2016 – National Association of Manufacturers Senior Vice President and General Counsel Linda Kelly issued the following statement on the decision by the U.S. District Court for the Northern District of Texas to halt the Department of Labor’s “persuader” rule, which dictates how employers can talk to their employees by instituting new reporting requirements. The Manufacturers’ Center for Legal Action (MCLA) filed suit on the rule in March in the U.S. District Court for the Eastern District of Arkansas.

“Once again, the courts have had to step in and restrain the federal government from asserting powers it does not have. Manufacturers have long held that this rule is a violation of our First Amendment rights and the Fifth Amendment’s due process clause, and today’s ruling supports our view.

This complicated, vague rule fails to give manufacturers fair notice of what actions are considered forbidden and what forms of communication and outreach are considered reportable. The MCLA will continue to fight against a regulatory agenda that threatens to fundamentally change the manufacturing workplace.”

The MCLA serves as the leading voice of manufacturers in the courts, representing the more than 12 million men and women who make things in the United States. The MCLA strategically engages in litigation as a direct party, intervenes in litigation important to our manufacturers and weighs in as amicus curiae on important cases.

To learn more about the MCLA, visit our website.


The National Association of Manufacturers (NAM) is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12 million men and women, contributes $2.17 trillion to the U.S. economy annually, has the largest economic impact of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org.