As we enter the NFL Conference Championship weekend, we can fully understand “playing ‘til the whistle”, but relating that notion to the remnants of the Obama labor legacy is something different at this address. Notwithstanding, that seems to be precisely what the outgoing Department of Labor is doing as relates its permanently enjoined “Persuader Rule” by filing a notice of appeal with the 5th Circuit Court of Appeals last week. The DOL regulation mandated significantly increased disclosure requirements on employers seeking to defeat a union representation election in their business. In addition, it dramatically shortened the timeframe within which the employer could work to convince its workers that unionizing was not in their best interests. In a lawsuit brought by the National Federation of Independent Business and others, the US District Court for the Northern District of Texas ruled the regulation illegal and issued a temporary injunction against the rule. Ultimately, that same court permanently enjoined the regulation last month and in light of the perceived anti-regulatory stance of the incoming Trump administration, was thought to be permanently put to rest, but still the whistle hasn’t blown. In an ironic twist, the District Court just two days ago awarded $330,000 in attorney’s fees to the plaintiff NFIB and others.