
Sean P. Redmond is Executive Director, Labor Policy at the U.S. Chamber of Commerce.
Sean P. Redmond is Executive Director, Labor Policy at the U.S. Chamber of Commerce.
Author
As the economy continues on the path of a K-shaped recovery, Congress should be pursuing policies that will elevate businesses and workers on the bottom part of that K. Instead, Democrats are pushing legislation designed to help their friends in organized labor and cause more damage. This legislation is called The Protecting the Right to Organize (PRO) Act, but there is nothing positive about it.
A Good Example of Bad Legislation
https://www.uschamber.com/article/good-example-of-bad-legislation
As the COVID-19 pandemic approaches the one year mark and we continue to see a K-shaped recovery, the issue of “hazard pay” for individuals in certain industries has been a topic of ongoing discussion. When first proposed in the HEROES Act last year, Democrats in Congress included federal funds to provide hazard pay. The HEROES Act ultimately did not pass. Now, however, some local jurisdictions are mandating unfunded hazard pa
The Hazards of Hazard Pay
https://www.uschamber.com/article/the-hazards-of-hazard-pay
The Bureau of Labor Statistics (BLS) on January 22 released its annual estimate of union membership in the United States. This year’s report showed that union membership rose from 10.3 percent to 10.8 percent of the total workforce in 2020, reversing previous declines of 0.2 percentage points from the prior two years. However, despite the percentage increase, the story is a little more complicated, as the total number of union members actually dropped by 321,000 to 14.3 million.
2020 Union Membership: A Mixed Bag
https://www.uschamber.com/article/2020-union-membership-mixed-bag
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 Voters Pass Proposition 22
https://www.uschamber.com/article/california-voters-pass-proposition-22
During his tenure at the National Labor Relations Board (NLRB), General Counsel Peter Robb has made a point of addressing many of the lopsided policies of his predecessors from the Obama administration, of which there were many.
Nixing “Neutrality”
https://www.uschamber.com/article/nixing-neutrality
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.
California Passes New Supplemental Leave Requirement
https://www.uschamber.com/article/california-passes-new-supplemental-leave-requirement
The California legislature passed legislation to address a crisis of its own making, AB 5, a law that has wreaked havoc in the state.
California’s Classification Calamity Continues
https://www.uschamber.com/article/california-s-classification-calamity-continues
An order by a California appeals court has spared millions of people who use Uber and Lyft in California, at least for now.
California’s Uber-Destructive Debacle
https://www.uschamber.com/article/california-s-uber-destructive-debacle-0
The United States Senate on July 29 confirmed two nominees for the National Labor Relations Board.
Senate Confirms NLRB Nominees
https://www.uschamber.com/article/senate-confirms-nlrb-nominees
The National Labor Relations Board today reversed an Obama-era Board's policy that protected profanity and abusive conduct.
NLRB Gets it Wright on Abusive Behavior
https://www.uschamber.com/article/nlrb-gets-it-wright-abusive-behavior
Several labor and allied groups reportedly are planning protests around the country today to call for unionizing employers.
Unions Protesting Worker Safety and Economic Opportunity Despite Businesses' Stepping Up
https://www.uschamber.com/article/unions-protesting-worker-safety-and-economic-opportunity-despite-businesses-stepping
The federal D.C. District Court issued an order upholding most of the NLRB's election procedures rule.
Court Upholds Most of the NLRB Election Procedures Rule
https://www.uschamber.com/article/court-upholds-most-of-the-nlrb-election-procedures-rule
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.
The NLRB’s Discipline Defense
https://www.uschamber.com/article/the-nlrb-s-discipline-defense
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
Misclassification Mayhem Dashes On
https://www.uschamber.com/article/misclassification-mayhem-dashes
The U.S.
Court Partially Halts NLRB Election Procedures Rule
https://www.uschamber.com/article/court-partially-halts-nlrb-election-procedures-rule
The Colorado Department of Labor and Employment (CDLE) on May 25 finalized proposed changes to a wage rule it first adopted as an “
Colorado Drops Expansive Joint Employer Definition
https://www.uschamber.com/article/colorado-drops-expansive-joint-employer-definition
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.
¡Ay Caramba! California’s Misclassification Mayhem
https://www.uschamber.com/article/ay-caramba-california-s-misclassification-mayhem
Virginia Passes Misclassification Statutes
https://www.uschamber.com/article/virginia-passes-misclassification-statutes
Twice as Nice, Court Upholds West Virginia Right-to-Work Law for Good
https://www.uschamber.com/article/twice-nice-court-upholds-west-virginia-right-work-law-good
NLRB Urged to Cease Representation Elections
https://www.uschamber.com/article/nlrb-urged-cease-representation-elections
NLRB Releases Election Protection Final Rule
https://www.uschamber.com/article/nlrb-releases-election-protection-final-rule
West Virginia Enacts Safe Harbor Legislation
https://www.uschamber.com/article/west-virginia-enacts-safe-harbor-legislation
OLMS Issues Final T-1 Rule
https://www.uschamber.com/article/olms-issues-final-t-1-rule
AFL-CIO Sues NLRB Over Election Procedure Rule
https://www.uschamber.com/afl-cio-sues-nlrb-over-election-procedure-rule
NLRB Announces Joint Employer Final Rule
https://www.uschamber.com/article/nlrb-announces-joint-employer-final-rule
House Passes PRO Act
https://www.uschamber.com/article/house-passes-pro-act
House leadership is expected to bring a controversial proposal aimed to rewrite federal labor laws up for a floor vote as early as tonight.
Click here to access op-ed.
PRO Act Delayed No More?
https://www.uschamber.com/article/pro-act-delayed-no-more
Union Membership Slides More in 2019
https://www.uschamber.com/article/union-membership-slides-more-2019
DOL Releases Joint Employer Final Rule
https://www.uschamber.com/article/dol-releases-joint-employer-final-rule
NLRB Releases Election Process Rule
https://www.uschamber.com/article/nlrb-releases-election-process-rule
Despite numerous offers from the General Motors, the UAW remains on strike and at loggerheads with the company.
The UAW’s GM Smokescreen
https://www.uschamber.com/article/the-uaw-s-gm-smokescreen
Eugene Scalia was sworn in as the country’s 28th secretary of labor, four days after being confirmed by the United States Senate.
Gene Scalia Becomes 28th Secretary of Labor
https://www.uschamber.com/article/gene-scalia-becomes-28th-secretary-of-labor
Unions like the SEIU have decided to pursue a concept from Europe referred to as sector-level (or sectoral) bargaining.
Unions Seek Contracts Without Members
https://www.uschamber.com/unions-seek-contracts-without-members
The country’s key union transparency law, the Labor-Management Reporting and Disclosure Act (LMRDA), will turn 60 years old tomorrow.
LMRDA Celebrates 60 Years
https://www.uschamber.com/article/lmrda-celebrates-60-years
The California Legislature has passed AB 5, a bill that will disrupt the "gig economy."
California Legislature Passes AB 5
https://www.uschamber.com/article/california-legislature-passes-ab-5
On August 27, President Donald Trump announced his intention to nominate attorney Gene Scalia to serve as the next Secretary of Labor.
Gene Scalia Nominated for Secretary of Labor
https://www.uschamber.com/article/gene-scalia-nominated-secretary-of-labor
The U.S. Department of Labor recently announced that it will induct two architects of a union transparency law into its Hall of Honor.
DOL to Honor Union Transparency Advocates
https://www.uschamber.com/article/dol-honor-union-transparency-advocates
New York City’s new $15/hour minimum wage went into effect this year, and business owners already are feeling the predictable consequences.
New York’s Minimum Wage Case Study
https://www.uschamber.com/article/new-york-s-minimum-wage-case-study
The U.S. Department of Labor recently issued a Notice of Proposed Rulemaking seeking to implement the Form T-1 for union-related trusts.
Third Time’s a Charm? DOL Proposes Union Trust Reporting (Again)
https://www.uschamber.com/article/third-time-s-charm-dol-proposes-union-trust-reporting-again
Federal agencies charged with enforcing various labor laws are gradually addressing evolving gig-economy employment relationships.
DOL Restores Independent Contractor Classification
https://www.uschamber.com/article/dol-restores-independent-contractor-classification
Workers at Volkswagen’s (VW) Chattanooga assembly plant dealt another blow to the United Auto Workers (UAW) last week...
The Beetle Bites Back
https://www.uschamber.com/article/the-beetle-bites-back
The California legislature is considering a bill that would enshrine the dubious state Supreme Court decision in Dynamex Operations West.
California Legislature Takes Up Dynamex Standard
https://www.uschamber.com/article/california-legislature-takes-dynamex-standard
Volkswagen’s Chattanooga employees face an important choice this week as they vote June 12-14 whether to accede to the United Auto Workers.
Another Bite at the Beetle, Redux
https://www.uschamber.com/article/another-bite-the-beetle-redux
The National Labor Relations Board’s Office of General Counsel recently released a guidance memorandum regarding independent contractors.
NLRB General Counsel Clarifies Independent Contracting
https://www.uschamber.com/article/nlrb-general-counsel-clarifies-independent-contracting
House Democrats have unleashed a proposal that would minimize employees’ free choice and sap economic vitality.
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.
On May 2, Democrats on the House Education and Labor Committee rolled out a bill that would radically rewrite American labor law.
PRO Act Introduced in House
https://www.uschamber.com/article/pro-act-introduced-house
The U.S. Department of Labor (DOL) on April 1 released a Notice of Proposed Rulemaking (NPRM) to address...
DOL Releases Joint Employer NPRM
https://www.uschamber.com/article/dol-releases-joint-employer-nprm
The National Labor Relations Board (NLRB) has had its hands full after a three-member Republican majority took over...
NLRB Reevaluates Concerted Activity
https://www.uschamber.com/article/nlrb-reevaluates-concerted-activity
The former chairman of the National Labor Relations Board, Mark Gaston Pearce, today announced that he was withdrawing his name...
So long, Farewell, Auf Wiedersehen II
https://www.uschamber.com/article/so-long-farewell-auf-wiedersehen-ii
The period for submitting comments to the National Labor Relations Board regarding its proposed joint employer rule closed January 28...
NLRB Joint Employer Comment Period Closes
https://www.uschamber.com/article/nlrb-joint-employer-comment-period-closes
The Bureau of Labor Statistics on January 18 released its annual estimate of union membership in the United States...
Union Membership Dips Again in 2018
https://www.uschamber.com/article/union-membership-dips-again-2018
The D.C. Circuit on December 28 issued its opinion in Browning-Ferris Industries of California, Inc. v. NLRB...
D.C. Circuit Rules in Joint Employer Case
https://www.uschamber.com/article/dc-circuit-rules-joint-employer-case
After months of anticipation, the midterm elections have come and gone, and there were quite a few noteworthy developments...
Labor Policy and the Midterm Elections
https://www.uschamber.com/article/labor-policy-and-the-midterm-elections
The union front group known as Fight for $15 is rearing its head again this week, reportedly with its “most ambitious effort in years....”
Fight for $15 Reappears (Again)
https://www.uschamber.com/article/fight-15-reappears-again
The National Labor Relations Board (NLRB) on September 13 announced that it would publish a Notice of Proposed Rulemaking...
NLRB Announces Joint Employer Proposal
https://www.uschamber.com/article/nlrb-announces-joint-employer-proposal
The White House announced on August 28 that President Trump nominated Mark Gaston Pearce to be a Member of the National Labor Relations...
Pearce Re-Nominated to NLRB
https://www.uschamber.com/article/pearce-re-nominated-nlrb
This blog has recounted before the phenomenon of governments using their power to promote the interests of organized labor...
Labor’s Puerto Rico Payday
https://www.uschamber.com/article/labor-s-puerto-rico-payday
The California legislature reportedly has no plans to address any time soon the state supreme court’s flawed Dynamex decision.
California Lawmakers Dodge Dynamex
https://www.uschamber.com/article/california-lawmakers-dodge-dynamex
After proposing it seven years ago, the U.S. Department of Labor today formally rescinded its so-called “persuader rule”...
Not so goodbye: DOL Persuader Rule Rescinded
https://www.uschamber.com/article/not-so-goodbye-dol-persuader-rule-rescinded
The General Counsel at the National Labor Relations Board (NLRB) recently issued a guidance memo...
NLRB General Counsel Issues Handbook Guidance
https://www.uschamber.com/article/nlrb-general-counsel-issues-handbook-guidance
A broad coalition of trade associations and other industry groups, including the U.S. Chamber, on June 13 filed a petition...
Coalition Files Petition for Joint Employer Rulemaking
https://www.uschamber.com/article/coalition-files-petition-joint-employer-rulemaking
A recent vote at Boeing’s North Charleston, SC, plant is likely to provide the NLRB an opportunity to clarify its position on micro-unions.
Could a Micro-Union Lift Off at Boeing?
https://www.uschamber.com/article/could-micro-union-lift-boeing
The National Labor Relations Board (NLRB) on May 5 confirmed that the agency intends to proceed with a joint employer rulemaking.
NLRB Confirms Joint Employer Rulemaking
https://www.uschamber.com/article/nlrb-confirms-joint-employer-rulemaking
A union-backed minimum wage initiative in Anaheim, Calif., is on the verge of being placed on the November ballot...
Anaheim’s Maleficent Minimum Wage Proposal
https://www.uschamber.com/article/anaheim-s-maleficent-minimum-wage-proposal
The Supreme Court of California recently issued a decision that essentially rewrites the standard for determining whether someone is...
California’s Dynamitic Dynamex Decision
https://www.uschamber.com/article/california-s-dynamitic-dynamex-decision
As observers of labor policy know quite well, organized labor is at its lowest point since the mid-1930s, and unions and their allies...
“Workplace Democracy” Act Introduced
https://www.uschamber.com/article/workplace-democracy-act-introduced
In the years since the passage of the 1947 passage of the Taft-Hartley Act that permitted states to pass right-to-work laws, numerous...
Right-to-Work Laws: The Economic Evidence (2018 Update)
https://www.uschamber.com/article/right-work-laws-the-economic-evidence-2018-update
Rep. Francis Rooney (R-Fla.) recently introduced a bill to bring much-needed transparency to front groups acting on behalf of the labor unions that support them...
The Service Employees International Union (SEIU) recently submitted its annual financial report for 2017...
SEIU Slashes Fight for $15 Funding
https://www.uschamber.com/article/seiu-slashes-fight-15-funding
A significant case at the National Labor Relations Board (NLRB) involving the McDonald’s Corporation has taken a new turn that could lead...
SEIU Resists McDonald’s Settlement
https://www.uschamber.com/article/seiu-resists-mcdonald-s-settlement
The U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) Committee on March 14 voted to advance...
Senate Committee Approves NLRB Nominee
https://www.uschamber.com/article/senate-committee-approves-nlrb-nominee
A company involved in a controversial case at the National Labor Relations Board (NLRB)—Hy-Brand—filed a Motion to Reconsider...
Hy-Brand Appeals NLRB Reversal
https://www.uschamber.com/article/hy-brand-appeals-nlrb-reversal
When it comes to public policy, one of the things the business community appreciates is stability, but the National Labor Relations Board...
Joint Employer Ping Pong
https://www.uschamber.com/article/joint-employer-ping-pong
The National Labor Relations Board (NLRB) has invited the public to submit briefs in a case involving...
NLRB Invites Comments on Worker Misclassification
https://www.uschamber.com/article/nlrb-invites-comments-worker-misclassification
The United States Supreme Court on February 26 heard oral arguments in one of the most closely-watched cases of this term...
Supreme Court Hears Agency Fee Case
https://www.uschamber.com/article/supreme-court-hears-agency-fee-case
The National Labor Relations Board (NLRB or Board) on February 26 announced that it had vacated its decision in Hy-Brand...
NLRB Returns to Obama-Era Joint Employer Standard
https://www.uschamber.com/article/nlrb-returns-obama-era-joint-employer-standard-0
A coalition of businesses and trade associations, including the U.S. Chamber of Commerce, on February 15 delivered a letter to the entire...
Coalition Urges Senate to Pass Joint Employer Bill
https://www.uschamber.com/article/coalition-urges-senate-pass-joint-employer-bill
After several months of relative inactivity, the union front group Fight for $15 reemerged on February 12...
Fight for $15 Reappears
https://www.uschamber.com/article/fight-15-reappears
A Kentucky circuit court on January 23 issued a ruling upholding HB 1, the Kentucky Right to Work Act...
Right-to-Work Upheld in Kentucky
https://www.uschamber.com/article/right-work-upheld-kentucky
The Bureau of Labor Statistics on January 19 released its annual estimate of union membership in the United States...
Union Membership in 2017: Mixed Results
https://www.uschamber.com/article/union-membership-2017-mixed-results
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.
Supreme Court Declines Joint Employer Case
https://www.uschamber.com/article/supreme-court-declines-joint-employer-case
The U.S. Senate Health, Education, Labor and Pensions (HELP) Committee on January 18 approved four nominees...
HELP Committee Approves Labor Nominees, Again
https://www.uschamber.com/article/help-committee-approves-labor-nominees-again
President Trump on January 12 nominated attorney John F. Ring to serve on the National Labor Relations Board...
John F. Ring Nominated to NLRB
https://www.uschamber.com/article/john-f-ring-nominated-nlrb
After ten years of being run by a labor-friendly majority, the balance of power at the National Labor Relations Board (NLRB) finally...
The NLRB’s Year-End Bonanza
https://www.uschamber.com/article/the-nlrb-s-year-end-bonanza
The National Labor Relations Board (NLRB) on December 15 overturned its controversial 2011 decision in Specialty Healthcare...
NLRB Overturns 'Specialty Healthcare'
https://www.uschamber.com/article/nlrb-overturns-specialty-healthcare
A recent article in Politico’s labor and employment blog Morning Shift revealed an interesting, and also illustrative, tale involving Vox...
Vox Hypocrita
https://www.uschamber.com/article/vox-hypocrita
The National Labor Relations Board (NLRB) has a new sheriff in the form of Peter B. Robb, its new General Counsel.
A New Sheriff at the NLRB
https://www.uschamber.com/article/new-sheriff-the-nlrb
The Workforce Freedom Initiative (WFI) today released a new report titled The Emerging Role of Worker Centers in Union Organizing...
The Emerging Role of Worker Centers: An Update
https://www.uschamber.com/article/the-emerging-role-worker-centers-update
The U.S. House of Representatives today approved the Save Local Business Act (H.R. 3441)...
House Passes Joint Employer Bill
https://www.uschamber.com/article/house-passes-joint-employer-bill
On November 1, Democrats in the U.S. Congress released several labor-related proposals as part of their so-called “Better Deal...”
So-Called “Better Deal” Labor Proposals Released
https://www.uschamber.com/article/so-called-better-deal-labor-proposals-released
Many people recognize October 31 for the great tradition of Halloween and the tricks and treats that come with it. This year...
So long, Farewell, Auf Wiedersehen
https://www.uschamber.com/article/so-long-farewell-auf-wiedersehen
The U.S. Senate Committee on Health, Education, Labor, and Pensions on October 18 approved the nominations of several...
Senate Committee Advances Nominees
https://www.uschamber.com/article/senate-committee-advances-nominees
On October 4, the U.S. House Committee on Education and the Workforce approved a bill that would reverse...
House Committee Approves Joint Employer Bill
https://www.uschamber.com/article/house-committee-approves-joint-employer-bill
The United States Supreme Court on October 2 heard oral arguments in a trio of closely-watched cases...
Supreme Court Hears Arbitration Case
https://www.uschamber.com/article/supreme-court-hears-arbitration-case
As observers of labor policy know, the federal government under the Obama administration was unabashedly aligned with labor unions and...
New York’s “Fair Workweek”
https://www.uschamber.com/article/new-york-s-fair-workweek
The United Auto Workers (UAW) has been in the spotlight recently following its stunning defeat in a representation election...
UAW Case Highlights the Need for Transparency
https://www.uschamber.com/article/uaw-case-highlights-the-need-transparency
Nearly three months after receiving his nomination, the United States Senate on September 25 confirmed William Emanuel...
Senate Confirms Emanuel to NLRB
https://www.uschamber.com/article/senate-confirms-emanuel-nlrb
If you shop for Friday night provisions at Trader Joe’s, you may have noticed protests and secretly placed fliers urging you not to purchase...
The Chicago City Council on September 6 passed an ordinance that exemplifies cynical efforts by some local governments to favor unions.
Chicago’s “Labor Harmony” Arm-Twisting
https://www.uschamber.com/article/chicago-s-labor-harmony-arm-twisting
The Fight for $15 appears to be getting ready for a new round of protests...
Fight for $15 Labor Day Protests Planned
https://www.uschamber.com/article/fight-15-labor-day-protests-planned
Missouri's right-to-work law, which was set to go into effect on August 28, faces a new hurdle that may jeopardize its future.
Missouri Right-to-Work Law Challenged
https://www.uschamber.com/article/missouri-right-work-law-challenged
For the last several years, organized labor has engaged in a multi-faceted campaign to raise the minimum wage to an inflated...
Seattle’s Minimum Wage Wager
https://www.uschamber.com/article/seattle-s-minimum-wage-wager
The United States Court of Appeals for the District of Columbia on July 11 issued a ruling that backed the National Labor Relations...
D.C. Circuit Backs NLRB Micro-Unions
https://www.uschamber.com/article/dc-circuit-backs-nlrb-micro-unions
As this blog recently reported, the United Auto Workers suffered a stinging rebuke last week when it lost a representation election...
UAW Won’t Let Go
https://www.uschamber.com/article/uaw-won-t-let-go
The chairman of the National Labor Relations Board, Philip A. Miscimarra, reportedly has announced that he will not seek another term...
NLRB Chairman Declines Reappointment
https://www.uschamber.com/article/nlrb-chairman-declines-reappointment
The U.S. Circuit Court of Appeals for the District of Columbia on August 4 issued a decision in a case involving CNN...
D.C. Circuit Rules in CNN Joint Employer Case
https://www.uschamber.com/article/dc-circuit-rules-cnn-joint-employer-case
On June 27, a bipartisan group of legislators introduced the “Save Local Business Act (SLBA)” to address the controversial joint employer...
Joint Employer Legislation Introduced
https://www.uschamber.com/article/joint-employer-legislation-introduced
On July 19, the U.S. House of Representatives Appropriations Committee approved the Labor, Health and Human Services, and Education...
House Committee Passes DOL, NLRB Appropriations Bill
https://www.uschamber.com/article/house-committee-passes-dol-nlrb-appropriations-bill
On July 12, the House Committee on Education and the Workforce held a hearing to examine the expanded definition of joint employment...
House Committee Holds Joint Employer Hearing
https://www.uschamber.com/article/house-committee-holds-joint-employer-hearing-0
The U.S. Senate Health, Education, Labor and Pensions Committee on July 19 voted to approve President Trump’s two...
NLRB Nominees Advance in Senate
https://www.uschamber.com/article/nlrb-nominees-advance-senate
The United States Court of Appeals for the Seventh Circuit on July 12 upheld Wisconsin’s right-to-work law...
Wisconsin Right-to-Work Law Upheld
https://www.uschamber.com/article/wisconsin-right-work-law-upheld
The House Committee on Education and the Workforce on June 29 approved three bills to reform federal labor policies...
House Committee Approves NLRA Reform Bills
https://www.uschamber.com/article/house-committee-approves-nlra-reform-bills
In a case currently before the NLRB, an Iron Workers local is challenging the National Labor Relations Act’s prohibition against...
Second Rate Reasoning
https://www.uschamber.com/article/second-rate-reasoning
President Trump on June 27 nominated William Emanuel of the law firm Littler Mendelson to serve as a member of the National Labor...
White House Submits Emanuel for NLRB
https://www.uschamber.com/article/white-house-submits-emanuel-nlrb
During the Obama administration, as observers of labor policy know well, the National Labor Relations Board (NLRB) was run by...
Misclassified Logic at the NLRB
https://www.uschamber.com/article/misclassified-logic-the-nlrb
The Nevada state senate is considering a pair of proposals to raise the state’s minimum wage each of which would maintain...
Nonsense in Nevada
https://www.uschamber.com/article/nonsense-nevada
The union front group Fight for $15 was at it again yesterday with another demonstration against its perennial target...
Fight for $15’s Underwhelming March
https://www.uschamber.com/article/fight-15-s-underwhelming-march
In an op-ed published in yesterday’s Wall Street Journal, the newly-installed Secretary of Labor, Alexander Acosta, offered some insights...
DOL to Rescind Persuader Rule
https://www.uschamber.com/article/dol-rescind-persuader-rule
A recent Detroit Free Press report about the dismissal of several individuals who skipped work to attend a political protest highlighted...
Employees Claim Protection for Political Protest
https://www.uschamber.com/article/employees-claim-protection-political-protest
OSHA recently reversed a controversial, albeit obscure, Obama-era policy that had opened the door for union organizers to accompany...
OSHA’s Walk-Around About-Face
https://www.uschamber.com/article/osha-s-walk-around-about-face
In a case involving the department store Macy’s, the U.S. Supreme Court is poised to consider whether the NLRB went to far in...
Supreme Court May Consider Micro-Union Case
https://www.uschamber.com/article/supreme-court-may-consider-micro-union-case
The SEIU recently submitted to the Department of Labor’s Office of Labor-Management Standards its annual financial report...
SEIU Finances and the Fight for $15
https://www.uschamber.com/article/seiu-finances-and-the-fight-15
The United States Court of Appeals for the District of Columbia Circuit is considering the case of "Browning-Ferris"...
D.C. Circuit Weighing Joint Employer Case
https://www.uschamber.com/article/dc-circuit-weighing-joint-employer-case
The United States Senate Committee on Health, Education, Labor, and Pensions (HELP) this week held its hearing for Alexander Acosta...
Senate HELP Committee Considers Acosta Nomination
https://www.uschamber.com/article/senate-help-committee-considers-acosta-nomination
A federal judge recently issued a decision that rejected the application of a so-called “ostensible agency” theory of joint employment.
Federal Court Rejects Alternative Joint Employer Theory
https://www.uschamber.com/article/federal-court-rejects-alternative-joint-employer-theory
Organized labor is in a difficult position in the wake of the 2016 elections, to put it mildly.
Labor’s Post-Election Woes
https://www.uschamber.com/article/labor-s-post-election-woes
The first month of the Trump administration has delivered quite a few headlines. What has been less publicized, however, is the fact...
NLRB Still Dissecting the Employee Handbook
https://www.uschamber.com/article/nlrb-still-dissecting-the-employee-handbook
Following a recent trend among Midwestern states, Missouri appears poised to become the 28th state to adopt a right-to-work law..
Going on 28
https://www.uschamber.com/article/going-28
Labor unions and their allies have a beef, so to speak, with the Trump administration’s nominee to be Secretary of Labor, Andy Puzder...
Misguided Attacks Against Labor Nominee Continue
https://www.uschamber.com/misguided-attacks-against-labor-nominee-continue
The Bureau of Labor Statistics on January 26 released its annual estimate of union membership in the United States...
Union Membership Drops in 2016
https://www.uschamber.com/article/union-membership-drops-2016
A labor front group known as the Restaurant Opportunities Center (ROC) United released a politically-motivated “report” on January 10...
ROC Challenges DOL Nominee with Factually Challenged Report
https://www.uschamber.com/article/roc-challenges-dol-nominee-factually-challenged-report
The Commonwealth of Kentucky over the weekend became the 27th state to adopt a right-to-work law...
Make that 27…
https://www.uschamber.com/article/make-27
A union in Texas has filed for bankruptcy protection after being found liable for its overly-aggressive campaign...
SEIU Local 5 Declares Bankruptcy
https://www.uschamber.com/article/seiu-local-5-declares-bankruptcy
The city of New York has been at the forefront of adopting policies that are not exactly employer-friendly in recent years...
New York City Considers Worker Center Legislation
https://www.uschamber.com/article/new-york-city-considers-worker-center-legislation
In a decision issued last week, a federal appeals court tempered the National Labor Relations Board’s dubious Specialty Healthcare precedent
Second Circuit Tempers 'Specialty Healthcare'
https://www.uschamber.com/article/second-circuit-tempers-specialty-healthcare
The union-funded front group Fight for $15 was at it again yesterday in a so-called National Day of Disruption...
Fight for $15 At It Again
https://www.uschamber.com/article/fight-15-it-again
The Arkansas Supreme Court recently delivered a rebuke to the United Food and Commercial Workers (UFCW) for its overly aggressive tactics...
Arkansas Supreme Court Rules Against UFCW
https://www.uschamber.com/article/arkansas-supreme-court-rules-against-ufcw
The U.S. Department of Labor’s (DOL) so-called “persuader rule” appears to have finally met its demise...
Federal Court Unpersuaded by Persuader Rule
https://www.uschamber.com/article/federal-court-unpersuaded-persuader-rule
The National Labor Relations Board (NLRB) recently declined to consider a case involving so-called 'Weingarten' rights...
NLRB Declines to Create “Walmart Rights”
https://www.uschamber.com/article/nlrb-declines-create-walmart-rights
The U.S. Court of Appeals for the District of Columbia Circuit issued a sharp rebuke to the National Labor Relations Board (NLRB) recently..
D.C. Circuit Takes the NLRB to the Woodshed
https://www.uschamber.com/article/dc-circuit-takes-the-nlrb-the-woodshed
Despite repeated legal challenges by unions, federal courts have consistently upheld right-to-work statues.
Federal Courts Continue to Uphold Right-to-Work
https://www.uschamber.com/article/federal-courts-continue-uphold-right-work
This blog recently reported on a case out of the U.S. Court of Appeals for the District of Columbia Circuit...
Not So Fast II
https://www.uschamber.com/article/not-so-fast-ii
The U.S. Court of Appeals for the D.C. Circuit issued a ruling recently in which it put the brakes on a questionable decision...
D.C. Circuit on Dangerous Driving: Not So Fast
https://www.uschamber.com/article/dc-circuit-dangerous-driving-not-so-fast
Last spring, this blog reported about a memorandum from the General Counsel of the NLRB that identified issues that must be submitted...
Misclassified Priorities II
https://www.uschamber.com/article/misclassified-priorities-ii
The United States Supreme Court will begin its new term in early October, and observers of labor policy are watching...
Arbitration at the Supreme Court?
https://www.uschamber.com/article/arbitration-the-supreme-court
The National Labor Relations Board (NLRB) has taken a decidedly pro-labor tilt in recent years...
The NLRB Strikes Again
https://www.uschamber.com/article/the-nlrb-strikes-again
The U.S. Chamber of Commerce and over 50 other organizations today filed a lawsuit challenging DOL's new overtime regulation...
U.S. Chamber Challenges DOL Overtime Regulation
https://www.uschamber.com/article/us-chamber-challenges-dol-overtime-regulation
A jury in Houston, TX, handed down a verdict this month against the Service Employees International Union (SEIU) Local 5...
Jury Rules Against SEIU’s Scorched-Earth Campaign
https://www.uschamber.com/article/jury-rules-against-seiu-s-scorched-earth-campaign
The National Labor Relations Board (NLRB) recently issued a decision in another joint employer case.
NLRB Further Expands Joint Employer Meddling
https://www.uschamber.com/article/nlrb-further-expands-joint-employer-meddling
A ballot initiative in South Dakota is garnering attention for its apparent aim of circumventing right-to-work protections...
Right-to-Work Protection Threatened in South Dakota
https://www.uschamber.com/article/right-work-protection-threatened-south-dakota
Last month, New York City Mayor Bill de Blasio issued an executive order entitled “Labor Peace for Retail Establishments..."
Labor Peace Coercion
https://www.uschamber.com/article/labor-peace-coercion
The U.S. Department of Labor today released the Federal Acquisition Regulatory Council (FAR Council) final regulation...
Department of Labor Releases Final Contracting Regulation
https://www.uschamber.com/article/department-labor-releases-final-contracting-regulation
Last year, this blog recounted the shameless hypocrisy of the L.A. Federation of Labor’s attempt get an exemption from a minimum wage law...
Does SEIU Outsourcing Deny Workers’ Union Rights?
https://www.uschamber.com/article/does-seiu-outsourcing-deny-workers-union-rights
A West Virginia judge on August 10 issued a temporary injunction stopping implementation of the state’s recently-enacted right-to-work law..
West Virginia Judge Halts Right-to-Work, for Now
https://www.uschamber.com/article/west-virginia-judge-halts-right-work-now
A voluntary agreement between the U.S. Department of Labor and Subway could be used by regulators to prove a joint employment relationship.
NLRB Undermines Wage and Hour Compliance
https://www.uschamber.com/article/nlrb-undermines-wage-and-hour-compliance
In a case involving McDonald’s, a federal judge recently issued a decision that could have significant implications for franchisors.
Federal Court Allows Alternative Joint Employer Theory
https://www.uschamber.com/article/federal-court-allows-alternative-joint-employer-theory
The activists at the National Labor Relations Board (NLRB) are at it again...
All Mixed Up at the NLRB: The Miller & Anderson Decision
https://www.uschamber.com/article/all-mixed-the-nlrb-the-miller-anderson-decision
The U.S. Department of Labor’s (DOL) so-called “persuader rule” is not having a very good month...
DOL Persuader Rule in Double Jeopardy?
https://www.uschamber.com/article/dol-persuader-rule-double-jeopardy
A federal court in Minnesota on June 22 issued a decision about the U.S. Department of Labor’s (DOL) so-called “persuader rule" that...
DOL Persuader Rule in Jeopardy?
https://www.uschamber.com/dol-persuader-rule-jeopardy
The U.S. Court of Appeals for the Seventh Circuit recently ruled in the case of Lewis v. Epic Systems Corporation that...
NLRB Continues to Muddy the Waters on Arbitration Agreements
https://www.uschamber.com/article/nlrb-continues-muddy-the-waters-arbitration-agreements
In the wake of the National Labor Relations Board’s (NLRB) controversial and wrong-headed decision in Browning Ferris Industries...
Business Community Pushes Back Against Joint Employer Standard
https://www.uschamber.com/article/business-community-pushes-back-against-joint-employer-standard
The National Labor Relations Board (NLRB) was at it again last week when it overturned yet another longstanding precedent...
‘Voluntary’ Forced Marriage
https://www.uschamber.com/article/voluntary-forced-marriage
The current pro-union majority at the National Labor Relations Board (NLRB) really does not like to follow longstanding precedent.
Precedent Schmecedent II
https://www.uschamber.com/article/precedent-schmecedent-ii
One labor union has taken dubious logic to a whole new level by protesting a church whose transgression was providing free pizza to kids.
No Good Deed Goes Unpunished
https://www.uschamber.com/article/no-good-deed-goes-unpunished
As this blog has written about on many occasions, the activist majority at the NLRB has issued numerous decisions that favor...
Courts Reject NLRB Overreach
https://www.uschamber.com/courts-reject-nlrb-overreach
In a case highlighting the efficacy of state laws in certain situations where unions are involved, a Florida appeals court ruled...
Florida Case Shows State Law Can Protect Employers
https://www.uschamber.com/article/florida-case-shows-state-law-can-protect-employers
The bipartisan opposition in Congress to the National Labor Relations Board’s (NLRB) new joint employer standard appears to be growing...
Bipartisan Opposition to the NLRB’s Joint Employer Madness
https://www.uschamber.com/article/bipartisan-opposition-the-nlrb-s-joint-employer-madness
The U.S. Department of Labor (DOL) today released its much-anticipated final overtime regulation...
DOL Finalizes Overtime Regulation
https://www.uschamber.com/article/dol-finalizes-overtime-regulation
In a case that illustrates the lengths to which the activists at the NLRB will go to help their allies in organized labor...
Overturning Elections by Any Means Necessary
https://www.uschamber.com/article/overturning-elections-any-means-necessary
How States Drive Labor Law Reforms
https://www.uschamber.com/series/above-the-fold/how-states-drive-labor-law-reforms
The U.S. Chamber’s Workforce Freedom Initiative (WFI) today released “State Labor Law Reform: Tools for Growth..."
State Labor Reforms to Promote a Favorable Business Climate
https://www.uschamber.com/article/state-labor-reforms-promote-favorable-business-climate
Just over a month ago, this blog reported about the latest guidance memorandum from the NLRB's Office of General Counsel...
Misclassified Priorities
https://www.uschamber.com/article/misclassified-priorities
The House Subcommittee on Health, Employment, Labor, and Pensions this week held a hearing...
House Subcommittee Scrutinizes DOL Persuader Rule
https://www.uschamber.com/article/house-subcommittee-scrutinizes-dol-persuader-rule
With union membership at an all-time low these days, labor leaders seem to be rethinking their business model...
Alternative Organizing
https://www.uschamber.com/article/alternative-organizing
The SEIU recently submitted to the Department of Labor’s Office of Labor-Management Standards its annual financial report for 2015...
SEIU Submits 2015 Financial Report
https://www.uschamber.com/article/seiu-submits-2015-financial-report
The United States Supreme Court on March 29 announced a 4-4 tie vote in the case of Friedrichs v. California Teachers Association...
All Tied Up In 'Friedrichs'
https://www.uschamber.com/all-tied-friedrichs
The General Counsel (GC) of the National Labor Relations Board (NLRB), Richard F. Griffin, on March 22 issued a guidance memorandum...
NLRB General Counsel Updates Mandatory Advice Issues
https://www.uschamber.com/article/nlrb-general-counsel-updates-mandatory-advice-issues
The U.S. Department of Labor (DOL) today released its final “persuader” rule, a 446 page behemoth...
Persuasively Bad
https://www.uschamber.com/persuasively-bad
An administrative law judge for the NLRB on March 10 held a hearing in the well-publicized “joint employer”case involving McDonald’s...
McDonald’s Joint Employer Case Resumes
https://www.uschamber.com/mcdonald-s-joint-employer-case-resumes
On March 7, the U.S. Court of Appeals for the Eighth Circuit upheld the NLRB's dubious reasoning in the 2011 case Specialty Healthcare...
Appeals Court Upholds 'Specialty Healthcare'
https://www.uschamber.com/appeals-court-upholds-specialty-healthcare
The NLRB has spent the last seven years harassing businesses for what it perceives as flaws in their labor relations...
Irony, Thy Name Is NLRB
https://www.uschamber.com/irony-thy-name-nlrb-0
The union-backed campaign Fight for $15 has made a bit of a name for itself over the last few years with its raucous protests...
Fight for $15 Forgets to Read the Fine Print
https://www.uschamber.com/fight-15-forgets-read-the-fine-print
The Georgia Senate on February 18 passed a bill that seeks to define the employment relationship between franchisees and their workers...
Georgia Senate Passes Franchise Bill
https://www.uschamber.com/georgia-senate-passes-franchise-bill
The U.S. Department of Labor's Wage and Hour Division has placed itself in the middle of a contentious debate about joint employment...
Wage and Hour’s Joint Employer Pile-On
https://www.uschamber.com/article/wage-and-hour-s-joint-employer-pile
The West Virginia legislature has taken one more step toward enacting a right-to-work law...
West Virginia One Step Closer to Right-to-Work
https://www.uschamber.com/article/west-virginia-one-step-closer-right-work
When it comes to rewriting the rules in favor of labor unions, the NLRB's activist majority has left few stones unturned...
NLRB’s Captive Audience Craziness
https://www.uschamber.com/article/nlrb-s-captive-audience-craziness
The Bureau of Labor Statistics on January 28 released its annual estimate of union membership in the United States...
Union Membership Flat in 2015
https://www.uschamber.com/article/union-membership-flat-2015
The West Virginia legislature is considering a pair of bills that would make the Mountaineer State the twenty-sixth right-to-work state...
Labor Bills Moving in the Mountaineer State
https://www.uschamber.com/article/labor-bills-moving-the-mountaineer-state
The National Labor Relations Board (NLRB) on January 12 ruled against Browning-Ferris Industries of California, Inc...
NLRB Rules Against Browning Ferris
https://www.uschamber.com/article/nlrb-rules-against-browning-ferris
The United States Supreme Court on January 11 heard oral arguments in one of the most closely watched labor cases of this term...
Supreme Court Hears Friedrichs Case
https://www.uschamber.com/article/supreme-court-hears-friedrichs-case
The Seattle City Council on December 14 unanimously passed an ordinance that would allow for-hire vehicle drivers to form labor unions...
Seattle’s Christmas Gift to the Teamsters
https://www.uschamber.com/article/seattle-s-christmas-gift-the-teamsters
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...
DOL’s Persuader Rule—It's Baaack!
https://www.uschamber.com/article/dol-s-persuader-rule-its-baaack
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...
NLRB Tastes Its Own Medicine
https://www.uschamber.com/article/nlrb-tastes-its-own-medicine
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)...
¡Soy Capitán!
https://www.uschamber.com/article/soy-capit-n
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...
What Happened to the Black Friday Protests?
https://www.uschamber.com/article/what-happened-the-black-friday-protests
Theater of the Absurd
https://www.uschamber.com/article/theater-the-absurd
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...
Data Doldrums
https://www.uschamber.com/article/data-doldrums
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.
Pennsylvania Removes Stealth Union Exemptions
https://www.uschamber.com/article/pennsylvania-removes-stealth-union-exemptions
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%.
Portland (Maine) Voters Reject Inflated Minimum Wage
https://www.uschamber.com/article/portland-maine-voters-reject-inflated-minimum-wage
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.
Bill Aims to Restore Joint Employer Definition
https://www.uschamber.com/article/bill-aims-restore-joint-employer-definition
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...
Democrats Introduce “Working Families” Resolution
https://www.uschamber.com/article/democrats-introduce-working-families-resolution
9/22/15
The United Food and Commercial Workers union (UFCW) had a rough week in the latter part of September, with news breaking about the indictment of a former organizer and a schism in its signature organizing campaign.
The UFCW’s Rough Week
https://www.uschamber.com/article/the-ufcw-s-rough-week
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.
Bill Introduced to Restore Joint Employer Standard
https://www.uschamber.com/article/bill-introduced-restore-joint-employer-standard
NLRB Re-Writes Joint Employer Standard
https://www.uschamber.com/article/nlrb-re-writes-joint-employer-standard
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 Chatter Continues
https://www.uschamber.com/article/card-check-chatter-continues
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...
Card Check Rears its Ugly Head
https://www.uschamber.com/article/card-check-rears-its-ugly-head
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...
SCOTUS to Consider Public Sector Right-to-Work
https://www.uschamber.com/article/scotus-consider-public-sector-right-work
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...
D.C. Circuit Overturns NLRB ‘Inmate' T-Shirt Decision
https://www.uschamber.com/article/dc-circuit-overturns-nlrb-inmate-t-shirt-decision
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.
Piedmont Gardens: Precedent Schmecedent
https://www.uschamber.com/article/piedmont-gardens-precedent-schmecedent
7/8/15
The National Labor Relations Board (NLRB) on July 7 announced that it was suspending its invitation for briefs in the Buckeye Florida case, in which the Board was poised to reevaluate the legality of so-called “fair share” fees in right-to-work states.
Right-to-Work Rewind
https://www.uschamber.com/article/right-work-rewind
Right-to-Work Laws: The Economic Evidence
https://www.uschamber.com/article/right-work-laws-the-economic-evidence
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.
Nevada Law Curtails "Mass" Picketing
https://www.uschamber.com/article/nevada-law-curtails-mass-picketing
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.
Democrats to Consider NLRA Changes, Minority Bargaining
https://www.uschamber.com/article/democrats-consider-nlra-changes-minority-bargaining
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.
Labor’s Scorched-Earth Trade Tactics
https://www.uschamber.com/article/labor-s-scorched-earth-trade-tactics
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...”
NLRB Dismisses Charges Against Boeing
https://www.uschamber.com/article/nlrb-dismisses-charges-against-boeing
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...
California’s Franchise Folly
https://www.uschamber.com/article/california-s-franchise-folly
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.
U.S. House Examines NLRB Right-to-Work Attack
https://www.uschamber.com/article/us-house-examines-nlrb-right-work-attack
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.
Minimum Wage Hypocrisy
https://www.uschamber.com/article/minimum-wage-hypocrisy
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.
NLRB’s Multiemployer Mischief
https://www.uschamber.com/article/nlrb-s-multiemployer-mischief
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.
The SEIU’s Franchise Firefight
https://www.uschamber.com/article/the-seiu-s-franchise-firefight
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: No Good Deed Goes Unpunished
https://www.uschamber.com/article/nlrb-no-good-deed-goes-unpunished
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 Takes on Right-to-Work
https://www.uschamber.com/article/nlrb-takes-right-work
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.
NLRB’s Nastiness Doctrine
https://www.uschamber.com/article/nlrb-s-nastiness-doctrine
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...
IAM’s Missed Approach
https://www.uschamber.com/article/iam-s-missed-approach
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...
Fast Food Street Theater Returns
https://www.uschamber.com/article/fast-food-street-theater-returns
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...
NLRB’s Handbook Hamstringing
https://www.uschamber.com/article/nlrb-s-handbook-hamstringing
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...
President Vetoes Ambush Election Resolution
https://www.uschamber.com/article/president-vetoes-ambush-election-resolution
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
https://www.uschamber.com/above-the-fold/opportunity-risk-the-nlrbs-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.
Opportunity at Risk: The NLRB’s Joint-Employer Meddling
https://www.uschamber.com/article/opportunity-risk-the-nlrb-s-joint-employer-meddling
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...
Machinists’ Union Seeks Election at North Charleston Boeing Plant
https://www.uschamber.com/article/machinists-union-seeks-election-north-charleston-boeing-plant
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.
Wisconsin Enacts Right-to-Work Law
https://www.uschamber.com/article/wisconsin-enacts-right-work-law
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
https://www.uschamber.com/above-the-fold/congress-weighs-repeal-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.
Congress Weighs Repeal of NLRB Ambush Election Rule
https://www.uschamber.com/article/congress-weighs-repeal-nlrb-ambush-election-rule
2/25/15
On, Wisconsin! Right-to-Work in the Badger State
https://www.uschamber.com/article/wisconsin-right-work-the-badger-state
Senate Puts NLRB Ambush Election Rule Under the Microscope
https://www.uschamber.com/above-the-fold/senate-puts-nlrb-ambush-election-rule-under-the-microscope
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 Scrutinizes NLRB Ambush Election Rule
https://www.uschamber.com/article/senate-scrutinizes-nlrb-ambush-election-rule
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.
Senate HELP Committee Adds Scrutiny to Joint Employer Issue
https://www.uschamber.com/article/senate-help-committee-adds-scrutiny-joint-employer-issue
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.
West Virginia Ponders Right-to-Work
https://www.uschamber.com/article/west-virginia-ponders-right-work
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...
Union Membership Dips in 2014
https://www.uschamber.com/article/union-membership-dips-2014
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.
R-E-S-P-E-C-T, Ain’t Legal Like It Used to Be
https://www.uschamber.com/article/r-e-s-p-e-c-t-ain-t-legal-it-used-be
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.
Indiana Right-to-Work Survives Challenge (Again)
https://www.uschamber.com/article/indiana-right-work-survives-challenge-again
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...
U.S. Chamber Challenges NLRB Ambush Election Rule
https://www.uschamber.com/article/us-chamber-challenges-nlrb-ambush-election-rule
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.
Right-to-Work, County by County
https://www.uschamber.com/article/right-work-county-county
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.
The Joint Employer Nightmare Before Christmas
https://www.uschamber.com/article/the-joint-employer-nightmare-christmas
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.
Labor’s Minimum Wage Exemption
https://www.uschamber.com/article/labor-s-minimum-wage-exemption
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.
NLRB Gives Labor Unions Amazing Christmas Gift But Employers Get Lump of Coal
https://www.uschamber.com/above-the-fold/nlrb-gives-labor-unions-amazing-christmas-gift-employers-get-lump-coal
12/12/14
The National Labor Relations Board (NLRB) today announced that it will publish its final ambush election rule on December 15, the day before outgoing Board member Nancy Schiffer's term expires.
NLRB Issues Final Ambush Election Rule
https://www.uschamber.com/article/nlrb-issues-final-ambush-election-rule
12/12/14
Seeing Purple: Unions Gain E-Mail Access
https://www.uschamber.com/article/seeing-purple-unions-gain-e-mail-access
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.
They’re Baaack! Fast Food Antics Return
https://www.uschamber.com/article/they-re-baaack-fast-food-antics-return
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...
A Curious Case in Chattanooga
https://www.uschamber.com/article/curious-case-chattanooga