Ket Vote letter supporting H.R. 2587, the “Protecting Jobs from Government Interference Act”

TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES:

The U.S. Chamber of Commerce, the world’s largest business federation, representing the interests of more than three million businesses and organizations of every size, sector, and region supports H.R. 2587, the “Protecting Jobs from Government Interference Act” and additional appropriate legislation to rein-in the National Labor Relations Board (NLRB) and Department of Labor.

The NLRB and the Department of Labor, through numerous decisions, proposed regulations, and other policy, are making it harder for businesses to justify investing in the United States. The most obvious example is the complaint issued by the NLRB’s Acting General Counsel seeking to force The Boeing Company to relocate production of 787 Dreamliners from South Carolina to Washington State.

While Boeing will eventually have its day in court, it will likely take years and exhaustive litigation expenses. In the meantime, businesses considering investing in new facilities in the United States will think twice and need to consider the risk that those decisions may be second guessed by the NLRB. By prohibiting the NLRB from seeking the extreme remedy forcing relocation of production, this legislation would help remove an element of uncertainty and encourage investment in new U.S. facilities.

We also urge the Congress to consider additional oversight and legislative options to restore balance to interpretation and enforcement of our nation’s labor laws. Among the most serious issues threatening employers are:

• DOL’s proposed revision of the “advice” exemption, which is little more than an attempt to use disclosure regulations to bully employers into refraining from exercising their free speech rights;
• NLRB’s proposed ambush election rules, which would make it significantly more difficult for employers, especially small employers, to respond to union campaigns; and
• NLRB’s likely change to the rules for determining appropriate bargaining units, which would give unions much greater ability to gerrymander units and create micro or fractured units.

DOL and NLRB have embarked on a course to increasingly destabilize the longestablished balance struck by the National Labor Relations Act protecting employee, union, and employer rights and clearly Congress must act. H.R. 2587 would be an important first step to restoring the balance. Due to the critical importance of this issue to the business community, the Chamber may consider votes on, or in relation to, this issue in our annual How They Voted scorecard.

Sincerely,
R. Bruce Josten