a federal judge in texas issued a ruling wednesday that effectively kills a federal labor rule created to give unions and workers more insight into talks employers have with legal counsel about thwarting union organizing campaigns. u.s. judge sam cummings made permanent a temporary national injunction that he issued against the rule in june , dealing the latest blow to president barack obama <u+2019>s plan to try to put in place a series of new workplace regulations. a labor department spokesman declined to comment, leaving unclear whether the department might appeal. labor lawyers said an appeal would be unlikely to save the rule because president-elect donald trump <u+2019>s incoming administration likely wouldn<u+2019>t support it in the courts. <u+201c>if they appeal, donald trump could withdraw the appeal and just accept the decision as the law of the case and be done with it,<u+201d> said michael lotito, a lawyer for littler mendelson who represents employers in labor-related matters. mr. trump campaigned in part on a promise to roll back a range of regulations he said would harm the economy. union groups and democrats who had sought stronger workplace regulations largely backed hillary clinton for president, fearing that a trump administration would undo what they say are added protections for workers. twenty-one states and a coalition of more than 50 business groups filed separate lawsuits in september seeking to overturn a sweeping federal regulation expected to qualify millions more americans for overtime pay starting dec. 1. and a large construction trade group won an injunction in october blocking a federal rule requiring companies seeking federal contracts to disclose past labor-law violations , a loss for the obama administration in an effort it said would strengthen workers<u+2019> rights to fair pay and job safety. the rule at the core of the wednesday<u+2019>s decision was issued in march and blocked by the texas judge before it could go into effect. first proposed by the labor department in 2011, it was designed to require employers, third-party lawyers and other labor consultants to disclose their relationships more frequently than under current law. employers and their consultants must now file reports only when consultants have communicated directly with workers. but under the new rule, they would have to file reports even if the consultants are giving certain guidance to the employer without contacting employees directly, such as conducting union-avoidance seminars or providing materials to distribute to and persuade workers. management lawyers have said the regulation would threaten client confidentiality and limit employers<u+2019> ability to get needed advice to respond to union bargaining and organizing campaigns. opponents claimed the rule violates free speech and associated rights protected by the first amendment. the national federation of independent business, the lead plaintiff, said wednesday that it is glad to see the rule struck down and that it expected a trump administration would have rescinded it even if no injunction had been issued. <u+201c>i think they were out on a limb here,<u+201d> said luke wake, an attorney with the nfib, referring to the labor department rule. mr. wake and other business group officials said they hope to see other workplace rules shot down under the trump administration, including the overtime rule. judge cummings, appointed by president ronald reagan, previously said the rule, known as the <u+201c>persuader<u+201d> regulation in the business community, likely exceeds the labor department<u+2019> s authority under the federal labor management reporting and disclosure act and suggested that the plaintiffs likely would succeed on their claims about it. write to melanie trottman at melanie.trottman@wsj.com
judge effectively kills rule forcing employers to disclose anti-union deliberations  - wsj
melanie trottman