Statement from NAHB Chairman Ed Brady on Court Decision to Halt Persuader Rule

June 27, 2016

Ed Brady, chairman of the National Association of Home Builders (NAHB) and a home builder and developer from Bloomington, Ill., issued the following statement regarding the U.S. District Court for the Northern District of Texas’ decision in National Federation of Independent Business et al. V. Perez et. al. granting the Plaintiff’s Motion for a Preliminary Injunction:

“We commend the U.S. District Court for its decision today to put a stop to the U.S. Department of Labor’s (DOL) ability to implement and enforce the revised ‘persuader rule’ nationwide. The rule, which would have gone into effect on July 1, would have unfairly required lawyers and consultants to report to the DOL when counseling employers concerning union organizing.

“NAHB, along with the Texas Association of Builders, the National Federation of Independent Business, the Texas Association of Business, and the Lubbock Chamber of Commerce filed a lawsuit in March to object to this unconstitutional rule. The expanded rule would likely impair a business’ access to qualified labor relations attorneys, and may even cause employers to be reluctant to seek legal advice on union concerns entirely.

“DOL’s new rule is another example of regulatory overreach that not only violates small business owners’ First Amendment rights, but also places burdensome reporting requirements that would result in significant costs and questionable legal implications.

“We thank the Court for their recognition of our objections, and plan to continue to fight the rule in due course.”