It’s beginning to look like it will be here forever, as the 5th US Circuit Court of Appeals ruled in favor of the National Labor Relations Board (NLRB) last week in a case brought by the National Federation of Independent Business (NFIB) and the Associated Builders and Contractors (ABC). The court found that the rule was in compliance with the National Labor Relations Act and the Administrative Procedures Act. Last year, a challenge by a different group of business interests met with a similar fate. The Persuader Rule, as it is known, (a.k.a. “ambush elections”) greatly expands the scope of reportable persuader activity for employers, consultants and attorneys and dramatically reduces the amount of time that businesses have to convince employees that joining a union may not be in their best interests. The final regulation states that the rule will be applicable to arrangement and agreements as well as payments made on or after July 1, 2016. Presumably then, agreements entered into prior to July 1, 2016 are not reportable, even if activities undertaken pursuant to such an agreement occur after July 1.