Sean P. Redmond

Sean P. Redmond
Executive Director, Labor Policy

Sean P. Redmond is Executive Director, Labor Policy at the U.S. Chamber of Commerce. 

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California Voters Pass Proposition 22

In the days after an election, one can find countless articles analyzing the results of myriad races, and to be sure, this year is no exception. While some aspects of the 2020 election remain unresolved one item of interest in California was settled decisively.

California Passes New Supplemental Leave Requirement

It’s been a busy legislative year in the Golden State, where lawmakers continue to find ways to make doing business there more complicated. On September 9, California Governor Gavin Newsom signed into law AB 1867, which adds a new supplemental paid leave requirement for absences related to COVID-19.

Unions Protesting Worker Safety and Economic Opportunity Despite Businesses' Stepping Up

Several labor and allied groups reportedly are planning protests around the country today to call for unionizing employers.

The NLRB’s Discipline Defense

For the last couple of years, the National Labor Relations Board (NLRB) has been chipping away at the dubious legacy of the Obama-era Board—a legacy that by one count overturned 4,559 cumulative years of precedence and produced numerous decisions tilted heavily in favor of the interests of organized labor.

Misclassification Mayhem Dashes On

The state of California demonstrates its reluctance to foster a good business environment on a regular basis and with seeming alacrity, and one bugaboo du jour among the Golden State’s policymakers is the area of alleged misclassification of independent contractors. The upshot of their position is that employers deliberately fail to categorize such contractors as employees to avoid the extra costs and liability th

Colorado Drops Expansive Joint Employer Definition

The Colorado Department of Labor and Employment (CDLE) on May 25 finalized proposed changes to a wage rule it first adopted as an “

¡Ay Caramba! California’s Misclassification Mayhem

The fifth day of May is better known in many quarters as Cinco de Mayo, a celebration of the day that Mexico defeated the French empire at the battle of San Puebla on May 5, 1862.

Twice as Nice, Court Upholds West Virginia Right-to-Work Law for Good

The Supreme Court of Appeals of West Virginia issued a decision upholding the constitutionality of West Virginia’s right-to-work statute.

Third Time’s a Charm? DOL Proposes Union Trust Reporting (Again)

The U.S. Department of Labor recently issued a Notice of Proposed Rulemaking seeking to implement the Form T-1 for union-related trusts.

What Big Labor wants

Sean P. Redmond, executive director for labor policy, penned this op-ed on how the PRO Act could fundamentally change the National Labor Relations Act.

Supreme Court Declines Joint Employer Case

The U.S. Supreme Court on January 8 denied a petition for a writ of certiorari in a key case involving the issue of joint employment that observers of labor policy have been watching with interest.  The court’s decision leaves in place a dubious ruling from the U.S.

ROC Challenges DOL Nominee with Factually Challenged Report

A labor front group known as the Restaurant Opportunities Center (ROC) United released a politically-motivated “report” on January 10...

Business Community Pushes Back Against Joint Employer Standard

In the wake of the National Labor Relations Board’s (NLRB) controversial and wrong-headed decision in Browning Ferris Industries...

Bipartisan Opposition to the NLRB’s Joint Employer Madness

The bipartisan opposition in Congress to the National Labor Relations Board’s (NLRB) new joint employer standard appears to be growing...

DOL’s Persuader Rule—It's Baaack!

12/18/15

The U.S. Department of Labor (DOL) last week took a significant step forward toward completing its long-awaited “persuader rule” according to a report by Bloomberg BNA.*  The Department formally submitted its proposal to the Office of Management and Budget (OMB) for review and approval, which is required before the rule can be finalized...  

NLRB Tastes Its Own Medicine

12/11/15

A common, albeit overused, adage that businesses hate uncertainty exists for a reason, and it seems that the National Labor Relations Board (NLRB) might be learning why the hard way.   In a recent interview with Politico Pro,* the NLRB’s General Counsel, Richard Griffin, fretted about the uncertainty being caused by appropriations riders that Congress is considering to reign in his rouge agency.  One rider in question would disallow the agency’s enforcement of its new joint employer standard, which, to say the least, has unleashed incredible uncertainty in the business community...  

¡Soy Capitán!

12/11/15

Aficionados of vintage music doubtlessly remember Richie Valens’ famous 1958 rendition of “La Bamba,” whose Spanish lyrics include the following stanza: “Yo no soy marinero/Yo no soy marinero/Soy capitán/Soy capitán/Soy capitán.”  Translated to English, the lyrics essentially say “I am not a sailor. I am a captain,” noting the distinction between the two that is well-understood by anyone who has ever been on a ship.  Apparently, this does not include the activists at the National Labor Relations Board (NLRB)... 

What Happened to the Black Friday Protests?

12/4/15

After several years of orchestrating raucous protests on the nation’s busiest shopping day—Black Friday—organized labor’s campaign against Walmart hit something of a soft patch in 2015. Protestors were few in number, and seemed to generate little attention, as revealed in a report by the The Huffington Post...

Data Doldrums

11/11/15

When it comes to helping their friends in organized labor, the National Labor Relations Board (NLRB) has plenty of tools at its disposal, including some pretty nitpicky policies.  One business found that out the hard way when an NLRB regional director ruled against it for allegedly failing to turn over required information to a union during an organizing campaign...

Pennsylvania Removes Stealth Union Exemptions

11/05/15

The governor of Pennsylvania today signed a bill that removes several controversial legal exemptions for unions that were first brought to light three years ago by the Workforce Freedom Initiative (WFI).  The new law will strip unions of their exemption from prosecution for stalking, harassment, and threatening to use a weapon of mass destruction during a labor dispute.

Portland (Maine) Voters Reject Inflated Minimum Wage

11/4/15

Off-year elections don’t often bring much news with them, especially with a presidential campaign looming around the corner, but yesterday’s election in Maine may be one exception.  Voters in Portland had the opportunity to weigh in on one of organized labor’s biggest mantras of late—an inflated $15/hour minimum wage—and they rejected it, 58% to 42%. 

Bill Aims to Restore Joint Employer Definition

11/4/15

It is little secret that the National Labor Relations Board (NLRB) has been on a roll for the last several years as it has pursued a decidedly pro-labor agenda.  Among the more concerning actions for the business community was the August 2015 Browning Ferris decision that redefined the meaning of “joint employer” status under the National Labor Relations Act, but a bill to reverse that decision has advanced in Congress. 

Democrats Introduce “Working Families” Resolution

10/30/15

Democrats on the House Committee on Education & the Workforce on October 29 introduced a resolution to enact a so-called “working families” agenda.  That agenda includes their usual wish list of an increase in the federal minimum wage and mandatory paid leave.  It also includes the creation of a private right of action for employees who allege retaliation based on union activity and prohibitions on employment discrimination... 

Bill Introduced to Restore Joint Employer Standard

9/15/15

The United States Senate and House of Representatives both have introduced legislation that aims to reverse the National Labor Relations Board’s (NLRB) new, wildly expansive joint employer standard.  If enacted, the “Protecting Local Business Opportunity Act” (S. 2015 and H.R. 3459) would restore some much-needed sanity in the area of labor law.

Card Check Chatter Continues

8/5/15

The bill that dare not speak its name—card check—is back in the news less than a week after it reared its ugly head in the ever-evolving presidential campaign.  This time, another candidate has come out supporting the misnamed Employee Free Choice Act according to a recent news report

Card Check Rears its Ugly Head

7/30/15

Like it or not, the 2016 presidential campaign is well underway, and voters will have the opportunity to weigh the pros and cons of the various candidates.  As they do so, presumably they will consider the candidates’ various policy positions, including, perhaps, a new discussion of a bad old idea: card check...  

SCOTUS to Consider Public Sector Right-to-Work

7/22/15

The United States Supreme Court’s recently agreed to hear Friedrichs v. California Teachers Association, in which the Court will review the constitutionality of compulsory union dues in the public sector...  

D.C. Circuit Overturns NLRB ‘Inmate' T-Shirt Decision

7/15/15

The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) on July 10 reversed a decision by the National Labor Relations Board (NLRB) that had ruled service employees at AT&T had a had a right to wear T-shirts referring to themselves as inmates or prisoners when they made service calls at homes and businesses... 

Piedmont Gardens: Precedent Schmecedent

7/8/15

The National Labor Relations Board (NLRB) issued a decision recently that has overturned yet another longstanding precedent, this time requiring witness statements in workplace investigations to be disclosed to a union.  The decision reiterates that the Board’s activist majority intends to continue its work at the behest of organized labor by rewriting well-settled law. 

Nevada Law Curtails "Mass" Picketing

6/30/15

After successfully completing a circuitous path in the legislature earlier this month, a Nevada law scheduled to take effect on July 1 establishes much-needed limitations on disruptive picketing at businesses in the Silver State.  The law, adopted as AB 258, was the last legislative action taken by the Nevada legislature in this year’s session, done with less than a minute to spare before adjournment.

Democrats to Consider NLRA Changes, Minority Bargaining

6/25/15

In 2003, a Democratic lawmaker described being the minority party in the U.S. House of Representatives as “perpetual frustration,” and for good reason: unlike in the Senate, the minority in the House has little influence over the legislative agenda.  However, that does give lawmakers some free time to think about what to do if they return to power. 

 

Labor’s Scorched-Earth Trade Tactics

6/19/15

The ongoing battle over passing Trade Promotion Authority (TPA) legislation has been a spirited one, to say the least, and organized labor is doing everything it can to stop it.  However, labor’s scorched-earth tactics against its own allies have created quite a stir. 

NLRB Dismisses Charges Against Boeing

6/12/15

In the latest development of the prolonged organizing effort at Boeing’s Charleston, S.C., facility, a National Labor Relations Board (NLRB) regional director reportedly* has dismissed an unfair labor practice complaint by the International Association of Machinists (IAM) alleging that Boeing had promoted “harassment, assaults, and threats of violence against union supporters...”   

California’s Franchise Folly

6/12/15

California legislators are considering a bill that could upend the franchise business model in the Golden State if it becomes law.  The State Assembly approved the proposal last month, and it moved to the Senate Judiciary and Business, Professions and Economic Development Committees on June 4 for further consideration.  The measure, Assembly Bill 525, would make it more difficult for companies to manage their franchise contracts by inhibiting their ability to terminate an agreement if a franchisee violates its terms...

U.S. House Examines NLRB Right-to-Work Attack

6/8/15

The U.S. House of Representatives Committee on Education and the Workforce held a hearing on June 3 to examine the National Labor Relations Board’s (NLRB) apparent attempt to undermine right-to-work protections.  The hearing centered on the Board’s recent invitation to the public to file briefs in a case involving so-called “fair share” fees in right-to-work states. 

Minimum Wage Hypocrisy

6/4/15

In the 17th century, the French writer François de La Rochefoucauld coined the phrase “hypocrisy is the homage vice pays to virtue” to describe the actions of those who portray themselves as acting nobly while doing just the opposite.  That description would seem to apply well to the cynical proposal by labor unions in Los Angeles for an exemption from the city’s new minimum wage law, a proposal that was quickly lambasted in media outlets across the country and hastily withdrawn.  

NLRB’s Multiemployer Mischief

6/1/15

As it contemplates dramatic changes in its joint-employer standard, the National Labor Relations Board (NLRB) is pressing ahead on another front as well, preparing to allow recognition of multiple-employer bargaining units. On May 19, the NLRB agreed to reconsider a union representation petition that had been dismissed by a Regional Director involving a proposed bargaining unit that would include the regular employees of one company and temporary employees provided by a separate staffing agency. In addition to reviewing the decision, the Board said it would issue a request for interested parties to submit briefs. Given this Board’s proclivities, the request for briefs likely means it has already made up its mind and will soon overturn yet another precedent.

The SEIU’s Franchise Firefight

5/22/15

The Service Employees International Union (SEIU) this week opened up a yet another front in its fight against franchises and combined this with new protests targeted at McDonald’s, which has been the target of a campaign by the union for nearly three years.  The newest actions include a complaint to the Federal Trade Commission (FTC) and more made-for-media street theater ahead of the McDonald’s shareholder convention in Chicago.  

NLRB: No Good Deed Goes Unpunished

5/14/15

The National Labor Relations Board (NLRB) in recent years has become well-known for its bizarro world campaign against employee handbook provisions, and a recent case highlights the extent to which the Board seems determined to hold employers’ feet to the fire when it comes to this issue... 

NLRB Takes on Right-to-Work

4/29/15

The National Labor Relations Board’s (NLRB) recent invitation to the public to file briefs in a case dealing with so-called ‘fair share fees’ seems to indicate the Board intends to overturn yet another longstanding precedent for the benefit of organized labor.  At issue in the present case are fair share fees in states with right-to-work laws...

NLRB’s Nastiness Doctrine

4/27/15

In recent years, the National Labor Relations Board (NLRB) has developed a reputation of being rather biased toward unions, as its decisions regarding workplace policies seem mostly designed to hamstring employers.  A recent decision holding that an employee’s profanity-laced Facebook tirade was protected activity under the National Labor Relations Act (NLRA) illustrates yet another example of this phenomenon.  

IAM’s Missed Approach

4/22/15

In another twist of an ongoing saga, the International Association of Machinists & Aerospace Workers (IAM) abruptly withdrew its petition for a representation election at Boeing’s North Charleston, South Carolina, plant late last week.  The vote had been scheduled to take place today...  

Fast Food Street Theater Returns

4/15/15

Labor unions and their front groups are back at it today with demonstrations at fast food restaurants calling for $15/hour wages and union recognition.  The worker center group Fight for $15 boldly claimed there would be strikes in hundreds of cities, with “more than 60,000 people across the country and in 35 countries around the world,” including a hodge-podge of “home care and child care workers, … adjunct professors, [and] Walmart employees.”  Despite that lofty prediction, though, these protests have never lived up to the hype and represent more of the same from a desperate organized labor movement... 

NLRB’s Handbook Hamstringing

4/13/15

The National Labor Relations Board’s (NLRB) Office of General Counsel (OGC) recently released a guidance memorandum covering one of the agency’s favorite objects for bureaucratic meddling: the employee handbook.  The memorandum discusses workplace policies that employers adopt to maintain stability and efficiency in their businesses, but which the OGC believes run afoul of the National Labor Relations Act (NLRA) because employees might think the policies restrict their rights...  

President Vetoes Ambush Election Resolution

3/31/15

President Obama Tuesday vetoed a resolution voicing congressional disapproval of the National Labor Relations Board’s (NLRB) ambush election rule.  Today’s move fulfills his administration’s promise of a veto shortly before the resolution passed the Senate at the beginning of March...

Opportunity At Risk: The NLRB's Joint-Employer Meddling

The Workforce Freedom Initiative (WFI) on released a report highlighting the administration's ongoing effort to redefine the concept of "joint-employment" relationships, which threatens to disrupt major sectors of the economy such as franchising and subcontracting.

Opportunity at Risk: The NLRB’s Joint-Employer Meddling

3/20/15

The Workforce Freedom Initiative (WFI) today released a report, “Opportunity at Risk: A New Joint-Employer Standard and the Threat to Small Business.”  The report highlights the administration’s ongoing effort to redefine the concept of “joint-employment” relationships, which threatens to disrupt major sectors of the economy such as franchising and subcontracting.  

Machinists’ Union Seeks Election at North Charleston Boeing Plant

3/16/15

The International Association of Machinists & Aerospace Workers (IAM) reportedly has filed a petition with the National Labor Relations Board (NLRB) seeking a representation election at Boeing’s North Charleston, South Carolina, production facility...

Wisconsin Enacts Right-to-Work Law

3/9/15

With the stroke of Governor Scott Walker’s pen, Wisconsin today became the 25th state to enact right-to-work legislation.  The governor’s approval concludes a relatively short effort by the Wisconsin legislature to pass the bill through both houses.

Congress Weighs Repeal of NLRB Ambush Election Rule

Congress is considering resolutions under the Congressional Review Act (CRA) to repeal the National Labor Relations Board's (NLRB) controversial "ambush election" rule.

Congress Weighs Repeal of NLRB Ambush Election Rule

3/3/15

Congress is considering resolutions under the Congressional Review Act (CRA) to repeal the National Labor Relations Board’s (NLRB) controversial “ambush election” rule.  Both the House and the Senate this week have introduced measures to reverse the Board’s regulatory meddling.  

Senate Scrutinizes NLRB Ambush Election Rule

2/11/15

The U.S. Senate Committee on Health, Education, Labor & Pensions (HELP) held a hearing February 11 to examine the National Labor Relations Board’s (NLRB) controversial “ambush election” final rule.  The Committee heard testimony from a panel of labor experts who explained the enormous implications of the Board’s rule. 

Senate HELP Committee Adds Scrutiny to Joint Employer Issue

2/10/15

The U.S. Senate Committee on Health, Education, Labor & Pensions (HELP) on February 5 held a hearing to examine the National Labor Relations Board’s (NLRB) effort to vastly expand its “joint employer” standard.  The committee heard testimony about the dubious legal reasoning and damaging effects of what appears to be the Board’s impending policy.  Read the U.S. Chamber's submitted testimony attached below.

West Virginia Ponders Right-to-Work

1/28/15

Early in his administration, President Obama made famous the adage “elections have consequences” as he explained to Congressional leaders how he would pursue his policy agenda vigorously.  In the 2014 elections, voters in West Virginia elected a Republican majority in the state senate, which will bring consequences of its own, as that body now appears ready to consider a right-to-work statute. 

Union Membership Dips in 2014

1/27/15

The Bureau of Labor Statistics on January 23 released its annual report on union membership for 2014.  The report showed that union membership fell slightly from 11.3% to 11.1% of the workforce nationally.  Union membership in the private sector dipped from 6.7% to 6.6%, while public sector unionization grew from 35.3% to 35.7%.  In addition to the decline in overall membership, 1.6 million workers were represented under union contracts but were not union members, up from 1.5 million in 2013...  

R-E-S-P-E-C-T, Ain’t Legal Like It Used to Be

1/22/15

In recent years, the National Labor Relations Board (NLRB) has created a perplexing mess for employers who rely on common-sense policies to manage their workplaces. Through a series of decisions, the Board has taken it upon itself to outlaw heretofore uncontroversial workplace rules under the dubious theory that they somehow violate workers’ rights. A recent decision highlights just how far the NLRB appears willing to go to undermine employers’ ability to run a business.

Indiana Right-to-Work Survives Challenge (Again)

1/16/15

A federal appeals court on Tuesday declined to rehear a challenge to Indiana’s right-to-work statute, thereby leaving in place a decision upholding the law.  Barring a successful appeal to the U.S. Supreme Court, the right-to-work law likely will survive organized labor’s attempts to overturn it in both state and federal courts.

U.S. Chamber Challenges NLRB Ambush Election Rule

1/6/15

A coalition of trade associations including the U.S. Chamber of Commerce, yesterday filed a lawsuit in the U.S. District Court for the District of Columbia to stop the National Labor Relations Board (NLRB) from moving forward with its “ambush election” rule...

Right-to-Work, County by County

Sean P. Redmond 12/23/14

In recent weeks, three counties in Kentucky have taken steps toward passing right-to-work ordinances in their jurisdictions.  Last Friday, Warren County, Ky., became the first to pass the legislation, which would eliminate the requirement that workers join a union and pay union dues as a condition of employment. 

The Joint Employer Nightmare Before Christmas

12/19/14

The National Labor Relations Board (NLRB) Office of the General Counsel (OGC) today announced that it “has issued complaints against McDonald’s franchisees and their franchisor, McDonald’s USA, LLC, as joint employers.”  The complaints include 78 charges alleging unfair labor practices at several McDonald’s restaurants around the country.  

Labor’s Minimum Wage Exemption

12/19/14

The U.S. Chamber of Commerce’s Workforce Freedom Initiative (WFI) today released a new report, “Labor’s Minimum Wage Exemption: Unions as the ‘Low Cost’ Option,” which highlights union exclusions from specific minimum wage laws in a number of municipalities around the country.

NLRB Gives Labor Unions Amazing Christmas Gift But Employers Get Lump of Coal

This final rule is the Board’s second attempt to implement sweeping changes to representation election procedures, and it again reflects the NLRB’s pro-labor leanings. It is intended to eviscerate employers’ legal rights and hamstring their ability to respond to union organizing efforts in any meaningful way.

They’re Baaack! Fast Food Antics Return

12/8/14

Labor unions and their allies were up to their usual made-for-media antics again on December 4 with protests against fast food employers just a week after similar, albeit underwhelming, protests against Walmart on Black Friday.

A Curious Case in Chattanooga

12/4/14

When it comes to unionization efforts, what has transpired at Volkswagen’s (VW) Chattanooga, Tenn., factory stands out as one of the more curious cases in recent memory.  After a year of twists and turns, the latest development may allow the United Auto Workers (UAW) to get recognition as a representative of employees at the plant less than a year after the union was defeated in a secret ballot election.  Whether the new arrangement is legal is unclear...

Are Black Friday Protests the New Thanksgiving Tradition?

Promising the “biggest Black Friday strike to date,” the union front group OUR Walmart will once again take to the streets this week to protest the world’s largest employer, Walmart, on the biggest shopping day of the year.

Block Blocked from NLRB

11/14/14

After nearly three years of controversy about the president’s picks for the National Labor Relations Board (NLRB), news reports this week revealed that the president has withdrawn Sharon Block’s nomination to the Board.  He has chosen instead to nominate Lauren McFerran, the chief labor counsel for the Senate Committee on Health, Education, Labor, and Pensions (HELP), to replace outgoing Board Member Nancy Schiffer, whose term expires December 16...