February 28, 2017


Urges Trump Administration, Congress To Bring Balance Back To Labor Law

WASHINGTON, D.C.— A new report released today by the U.S. Chamber of Commerce’s Workforce Freedom Initiative (WFI) outlines 10 of the worst policies adopted by the National Labor Relations Board (NLRB) during the Obama administration.

Restoring Common Sense to Labor Law: 10 Policies to Fix at the National Labor Relations Board, details how the NLRB upended long-standing, bipartisan labor policies that struck a balance between the interests of unions, workers, and employers — helping businesses maintain safe and efficient workplaces.

“The Obama-era NLRB’s flawed interpretation of the National Labor Relations Act led to a massive regulatory overreach that favored unions at all costs,” said Glenn Spencer, vice president of WFI. “Congress and the Trump administration can restore common sense to labor law by appointing new Board members who will properly administer the NLRA, and by making sensible legislative fixes to the statute.”

The 10 harmful policies featured in Restoring Common Sense are:

  • Authorizing small groups of employees – or “micro unions” – to organize
  • Allowing workplace “ambush” elections over whether to form a union in as few as 10 days
  • Exposing businesses to “joint employer” liability for workplaces they do not control and workers they do not employ
  • Prohibiting class action waivers in employment arbitration agreements, which are intended to speed the resolution of workplace disputes and discourage costly class action litigation
  • Restricting unions and employers from voluntarily agreeing to resolve unforeseen bargaining issues via “management rights” clauses
  • Forcing employers to bargain with a union before the two parties even reach a first contract
  • Mandating that employer-owned email systems may be used for union organizing activities
  • Invalidating a wide range of employee handbook policies to prevent obnoxious, obscene, and harassing behavior
  • Eroding the confidentiality of workplace investigations
  • Expanding picketing rights at the expense of employers’ private property rights

The five-member NLRB currently has two Republican-member vacancies, both of which are expected to be filled by President Trump.

The Workforce Freedom Initiative is a grassroots mobilization and advocacy campaign to preserve democracy in the American workplace, restrain abusive union pension fund activism, and block the anti-competitive agenda advocated by many labor unions.

The U.S. Chamber of Commerce is the world's largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.