Executive Director, Labor Policy
Sean P. Redmond is Executive Director, Labor Policy at the U.S. Chamber of Commerce.
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https://www.uschamber.com/sean-p-redmond
Sean P. Redmond
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A Good Example of Bad Legislation
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.
The Hazards of Hazard Pay
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
2020 Union Membership: A Mixed Bag
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.
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.
Nixing “Neutrality”
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.
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.
California’s Classification Calamity Continues
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 Uber-Destructive Debacle
An order by a California appeals court has spared millions of people who use Uber and Lyft in California, at least for now.
Senate Confirms NLRB Nominees
The United States Senate on July 29 confirmed two nominees for the National Labor Relations Board.
NLRB Gets it Wright on Abusive Behavior
The National Labor Relations Board today reversed an Obama-era Board's policy that protected profanity and abusive conduct.
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.
Court Upholds Most of the NLRB Election Procedures Rule
The federal D.C. District Court issued an order upholding most of the NLRB's election procedures rule.
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.
Virginia Passes Misclassification Statutes
Legislators in the Commonwealth of Virginia recently managed to pass several misclassification bills while others’ focus lay elsewhere.
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.
NLRB Urged to Cease Representation Elections
A group of 20 prominent labor attorneys on April 20 submitted a letter to the NLRB formally requesting that that it suspend elections.
NLRB Releases Election Protection Final Rule
The National Labor Relations Board (NLRB) on April 1 released its final rule implementing changes to its representation election procedures.
West Virginia Enacts Safe Harbor Legislation
The state of West Virginia has enacted legislation that will provide a “safe harbor” for employers to correct alleged wage violations.
OLMS Issues Final T-1 Rule
The U.S. Department of Labor's Office of Labor-Management Standards published its final rule creating the Form T-1 for union-related trusts.
AFL-CIO Sues NLRB Over Election Procedure Rule
In non-Coronavirus related news, the AFL-CIO on March 6 filed a lawsuit against the NLRB seeking to overturn its election procedures rule.
NLRB Announces Joint Employer Final Rule
The National Labor Relations Board today announced that it would issue tomorrow its final joint employer rule.
House Passes PRO Act
The U.S. House of Representatives on February 5 passed H.R. 2474, the so-called Protecting the Right to Organize (PRO) Act.
PRO Act Delayed No More?
House leaders reportedly promised that the PRO Act will be brought to the floor for a vote within the coming weeks.
Union Membership Slides More in 2019
This year’s BLS estimate of union membership showed that union membership slipped to 10.3 percent of the total workforce in 2019.
DOL Releases Joint Employer Final Rule
The U.S. Department of Labor’s Wage & Hour Division yesterday announced a final rule on joint employment under the Fair Labor Standards Act.
NLRB Releases Election Process Rule
The National Labor Relations Board (NLRB) on December 13 released its much-anticipated changes to union representation election procedures.
The UAW’s GM Smokescreen
Despite numerous offers from the General Motors, the UAW remains on strike and at loggerheads with the company.
Gene Scalia Becomes 28th Secretary of Labor
Eugene Scalia was sworn in as the country’s 28th secretary of labor, four days after being confirmed by the United States Senate.
Unions Seek Contracts Without Members
Unions like the SEIU have decided to pursue a concept from Europe referred to as sector-level (or sectoral) bargaining.
LMRDA Celebrates 60 Years
The country’s key union transparency law, the Labor-Management Reporting and Disclosure Act (LMRDA), will turn 60 years old tomorrow.
California Legislature Passes AB 5
The California Legislature has passed AB 5, a bill that will disrupt the "gig economy."
Gene Scalia Nominated for Secretary of Labor
On August 27, President Donald Trump announced his intention to nominate attorney Gene Scalia to serve as the next Secretary of Labor.
DOL to Honor Union Transparency Advocates
The U.S. Department of Labor recently announced that it will induct two architects of a union transparency law into its Hall of Honor.
New York’s Minimum Wage Case Study
New York City’s new $15/hour minimum wage went into effect this year, and business owners already are feeling the predictable consequences.
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.
DOL Restores Independent Contractor Classification
Federal agencies charged with enforcing various labor laws are gradually addressing evolving gig-economy employment relationships.
The Beetle Bites Back
Workers at Volkswagen’s (VW) Chattanooga assembly plant dealt another blow to the United Auto Workers (UAW) last week...
Another Bite at the Beetle, Redux
Volkswagen’s Chattanooga employees face an important choice this week as they vote June 12-14 whether to accede to the United Auto Workers.
NLRB General Counsel Clarifies Independent Contracting
The National Labor Relations Board’s Office of General Counsel recently released a guidance memorandum regarding independent contractors.
PRO Act Introduced in House
On May 2, Democrats on the House Education and Labor Committee rolled out a bill that would radically rewrite American labor law.
DOL Releases Joint Employer NPRM
The U.S. Department of Labor (DOL) on April 1 released a Notice of Proposed Rulemaking (NPRM) to address...
NLRB Reevaluates Concerted Activity
The National Labor Relations Board (NLRB) has had its hands full after a three-member Republican majority took over...
So long, Farewell, Auf Wiedersehen II
The former chairman of the National Labor Relations Board, Mark Gaston Pearce, today announced that he was withdrawing his name...
NLRB Joint Employer Comment Period Closes
The period for submitting comments to the National Labor Relations Board regarding its proposed joint employer rule closed January 28...
D.C. Circuit Rules in Joint Employer Case
The D.C. Circuit on December 28 issued its opinion in Browning-Ferris Industries of California, Inc. v. NLRB...
Labor Policy and the Midterm Elections
After months of anticipation, the midterm elections have come and gone, and there were quite a few noteworthy developments...
NLRB Announces Joint Employer Proposal
The National Labor Relations Board (NLRB) on September 13 announced that it would publish a Notice of Proposed Rulemaking...
Pearce Re-Nominated to NLRB
The White House announced on August 28 that President Trump nominated Mark Gaston Pearce to be a Member of the National Labor Relations...
Labor’s Puerto Rico Payday
This blog has recounted before the phenomenon of governments using their power to promote the interests of organized labor...
California Lawmakers Dodge Dynamex
The California legislature reportedly has no plans to address any time soon the state supreme court’s flawed Dynamex decision.
Not so goodbye: DOL Persuader Rule Rescinded
After proposing it seven years ago, the U.S. Department of Labor today formally rescinded its so-called “persuader rule”...
NLRB General Counsel Issues Handbook Guidance
The General Counsel at the National Labor Relations Board (NLRB) recently issued a guidance memo...
Coalition Files Petition for Joint Employer Rulemaking
A broad coalition of trade associations and other industry groups, including the U.S. Chamber, on June 13 filed a petition...
Could a Micro-Union Lift Off at Boeing?
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.
NLRB Confirms Joint Employer Rulemaking
The National Labor Relations Board (NLRB) on May 5 confirmed that the agency intends to proceed with a joint employer rulemaking.
Anaheim’s Maleficent Minimum Wage Proposal
A union-backed minimum wage initiative in Anaheim, Calif., is on the verge of being placed on the November ballot...
California’s Dynamitic Dynamex Decision
The Supreme Court of California recently issued a decision that essentially rewrites the standard for determining whether someone is...
“Workplace Democracy” Act Introduced
As observers of labor policy know quite well, organized labor is at its lowest point since the mid-1930s, and unions and their allies...
Right-to-Work Laws: The Economic Evidence (2018 Update)
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...
SEIU Slashes Fight for $15 Funding
The Service Employees International Union (SEIU) recently submitted its annual financial report for 2017...
SEIU Resists McDonald’s Settlement
A significant case at the National Labor Relations Board (NLRB) involving the McDonald’s Corporation has taken a new turn that could lead...
Senate Committee Approves NLRB Nominee
The U.S. Senate Committee on Health, Education, Labor, and Pensions (HELP) Committee on March 14 voted to advance...
Hy-Brand Appeals NLRB Reversal
A company involved in a controversial case at the National Labor Relations Board (NLRB)—Hy-Brand—filed a Motion to Reconsider...
Joint Employer Ping Pong
When it comes to public policy, one of the things the business community appreciates is stability, but the National Labor Relations Board...
Supreme Court Hears Agency Fee Case
The United States Supreme Court on February 26 heard oral arguments in one of the most closely-watched cases of this term...
NLRB Returns to Obama-Era Joint Employer Standard
The National Labor Relations Board (NLRB or Board) on February 26 announced that it had vacated its decision in Hy-Brand...
Coalition Urges Senate to Pass Joint Employer Bill
A coalition of businesses and trade associations, including the U.S. Chamber of Commerce, on February 15 delivered a letter to the entire...
Fight for $15 Reappears
After several months of relative inactivity, the union front group Fight for $15 reemerged on February 12...
Right-to-Work Upheld in Kentucky
A Kentucky circuit court on January 23 issued a ruling upholding HB 1, the Kentucky Right to Work 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.
HELP Committee Approves Labor Nominees, Again
The U.S. Senate Health, Education, Labor and Pensions (HELP) Committee on January 18 approved four nominees...
John F. Ring Nominated to NLRB
President Trump on January 12 nominated attorney John F. Ring to serve on the National Labor Relations Board...
The NLRB’s Year-End Bonanza
After ten years of being run by a labor-friendly majority, the balance of power at the National Labor Relations Board (NLRB) finally...
NLRB Overturns 'Specialty Healthcare'
The National Labor Relations Board (NLRB) on December 15 overturned its controversial 2011 decision in Specialty Healthcare...
A New Sheriff at the NLRB
The National Labor Relations Board (NLRB) has a new sheriff in the form of Peter B. Robb, its new General Counsel.
The Emerging Role of Worker Centers: An Update
The Workforce Freedom Initiative (WFI) today released a new report titled The Emerging Role of Worker Centers in Union Organizing...
House Passes Joint Employer Bill
The U.S. House of Representatives today approved the Save Local Business Act (H.R. 3441)...
So-Called “Better Deal” Labor Proposals Released
On November 1, Democrats in the U.S. Congress released several labor-related proposals as part of their so-called “Better Deal...”
So long, Farewell, Auf Wiedersehen
Many people recognize October 31 for the great tradition of Halloween and the tricks and treats that come with it. This year...
Senate Committee Advances Nominees
The U.S. Senate Committee on Health, Education, Labor, and Pensions on October 18 approved the nominations of several...
House Committee Approves Joint Employer Bill
On October 4, the U.S. House Committee on Education and the Workforce approved a bill that would reverse...
Supreme Court Hears Arbitration Case
The United States Supreme Court on October 2 heard oral arguments in a trio of closely-watched cases...
New York’s “Fair Workweek”
As observers of labor policy know, the federal government under the Obama administration was unabashedly aligned with labor unions and...
UAW Case Highlights the Need for Transparency
The United Auto Workers (UAW) has been in the spotlight recently following its stunning defeat in a representation election...
Senate Confirms Emanuel to NLRB
Nearly three months after receiving his nomination, the United States Senate on September 25 confirmed William Emanuel...
Fight for $15 Labor Day Protests Planned
The Fight for $15 appears to be getting ready for a new round of protests...
Missouri Right-to-Work Law Challenged
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.
Seattle’s Minimum Wage Wager
For the last several years, organized labor has engaged in a multi-faceted campaign to raise the minimum wage to an inflated...
D.C. Circuit Backs NLRB Micro-Unions
The United States Court of Appeals for the District of Columbia on July 11 issued a ruling that backed the National Labor Relations...
UAW Won’t Let Go
As this blog recently reported, the United Auto Workers suffered a stinging rebuke last week when it lost a representation election...
NLRB Chairman Declines Reappointment
The chairman of the National Labor Relations Board, Philip A. Miscimarra, reportedly has announced that he will not seek another term...
D.C. Circuit Rules in CNN Joint Employer Case
The U.S. Circuit Court of Appeals for the District of Columbia on August 4 issued a decision in a case involving CNN...
Joint Employer Legislation Introduced
On June 27, a bipartisan group of legislators introduced the “Save Local Business Act (SLBA)” to address the controversial joint employer...
House Committee Passes DOL, NLRB Appropriations Bill
On July 19, the U.S. House of Representatives Appropriations Committee approved the Labor, Health and Human Services, and Education...
House Committee Holds Joint Employer Hearing
On July 12, the House Committee on Education and the Workforce held a hearing to examine the expanded definition of joint employment...
NLRB Nominees Advance in Senate
The U.S. Senate Health, Education, Labor and Pensions Committee on July 19 voted to approve President Trump’s two...
Wisconsin Right-to-Work Law Upheld
The United States Court of Appeals for the Seventh Circuit on July 12 upheld Wisconsin’s right-to-work law...
House Committee Approves NLRA Reform Bills
The House Committee on Education and the Workforce on June 29 approved three bills to reform federal labor policies...
Second Rate Reasoning
In a case currently before the NLRB, an Iron Workers local is challenging the National Labor Relations Act’s prohibition against...
White House Submits Emanuel for NLRB
President Trump on June 27 nominated William Emanuel of the law firm Littler Mendelson to serve as a member of the National Labor...
Misclassified Logic at the NLRB
During the Obama administration, as observers of labor policy know well, the National Labor Relations Board (NLRB) was run by...
Nonsense in Nevada
The Nevada state senate is considering a pair of proposals to raise the state’s minimum wage each of which would maintain...
Fight for $15’s Underwhelming March
The union front group Fight for $15 was at it again yesterday with another demonstration against its perennial target...
DOL to Rescind Persuader Rule
In an op-ed published in yesterday’s Wall Street Journal, the newly-installed Secretary of Labor, Alexander Acosta, offered some insights...
Employees Claim Protection for Political Protest
A recent Detroit Free Press report about the dismissal of several individuals who skipped work to attend a political protest highlighted...
OSHA’s Walk-Around About-Face
OSHA recently reversed a controversial, albeit obscure, Obama-era policy that had opened the door for union organizers to accompany...
Supreme Court May Consider Micro-Union Case
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...
SEIU Finances and the Fight for $15
The SEIU recently submitted to the Department of Labor’s Office of Labor-Management Standards its annual financial report...
D.C. Circuit Weighing Joint Employer Case
The United States Court of Appeals for the District of Columbia Circuit is considering the case of "Browning-Ferris"...
Senate HELP Committee Considers Acosta Nomination
The United States Senate Committee on Health, Education, Labor, and Pensions (HELP) this week held its hearing for Alexander Acosta...
Federal Court Rejects Alternative Joint Employer Theory
A federal judge recently issued a decision that rejected the application of a so-called “ostensible agency” theory of joint employment.
NLRB Still Dissecting the Employee Handbook
The first month of the Trump administration has delivered quite a few headlines. What has been less publicized, however, is the fact...
Going on 28
Following a recent trend among Midwestern states, Missouri appears poised to become the 28th state to adopt a right-to-work law..
Misguided Attacks Against Labor Nominee Continue
Labor unions and their allies have a beef, so to speak, with the Trump administration’s nominee to be Secretary of Labor, Andy Puzder...
Union Membership Drops in 2016
The Bureau of Labor Statistics on January 26 released its annual estimate of union membership in the United States...
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...
Make that 27…
The Commonwealth of Kentucky over the weekend became the 27th state to adopt a right-to-work law...
SEIU Local 5 Declares Bankruptcy
A union in Texas has filed for bankruptcy protection after being found liable for its overly-aggressive campaign...
New York City Considers Worker Center Legislation
The city of New York has been at the forefront of adopting policies that are not exactly employer-friendly in recent years...
Second Circuit Tempers 'Specialty Healthcare'
In a decision issued last week, a federal appeals court tempered the National Labor Relations Board’s dubious Specialty Healthcare precedent
Fight for $15 At It Again
The union-funded front group Fight for $15 was at it again yesterday in a so-called National Day of Disruption...
Arkansas Supreme Court Rules Against UFCW
The Arkansas Supreme Court recently delivered a rebuke to the United Food and Commercial Workers (UFCW) for its overly aggressive tactics...
Federal Court Unpersuaded by Persuader Rule
The U.S. Department of Labor’s (DOL) so-called “persuader rule” appears to have finally met its demise...
NLRB Declines to Create “Walmart Rights”
The National Labor Relations Board (NLRB) recently declined to consider a case involving so-called 'Weingarten' rights...
D.C. Circuit Takes the NLRB to the Woodshed
The U.S. Court of Appeals for the District of Columbia Circuit issued a sharp rebuke to the National Labor Relations Board (NLRB) recently..
Not So Fast II
This blog recently reported on a case out of the U.S. Court of Appeals for the District of Columbia Circuit...
D.C. Circuit on Dangerous Driving: Not So Fast
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...
Misclassified Priorities II
Last spring, this blog reported about a memorandum from the General Counsel of the NLRB that identified issues that must be submitted...
Arbitration at the Supreme Court?
The United States Supreme Court will begin its new term in early October, and observers of labor policy are watching...
The NLRB Strikes Again
The National Labor Relations Board (NLRB) has taken a decidedly pro-labor tilt in recent years...
U.S. Chamber Challenges DOL Overtime Regulation
The U.S. Chamber of Commerce and over 50 other organizations today filed a lawsuit challenging DOL's new overtime regulation...
Labor Peace Coercion
Last month, New York City Mayor Bill de Blasio issued an executive order entitled “Labor Peace for Retail Establishments..."
Department of Labor Releases Final Contracting Regulation
The U.S. Department of Labor today released the Federal Acquisition Regulatory Council (FAR Council) final regulation...
Does SEIU Outsourcing Deny Workers’ Union Rights?
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...
West Virginia Judge Halts Right-to-Work, for Now
A West Virginia judge on August 10 issued a temporary injunction stopping implementation of the state’s recently-enacted right-to-work law..
All Mixed Up at the NLRB: The Miller & Anderson Decision
The activists at the National Labor Relations Board (NLRB) are at it again...
DOL Persuader Rule in Double Jeopardy?
The U.S. Department of Labor’s (DOL) so-called “persuader rule” is not having a very good month...
DOL Persuader Rule in 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...
NLRB Continues to Muddy the Waters on Arbitration Agreements
The U.S. Court of Appeals for the Seventh Circuit recently ruled in the case of Lewis v. Epic Systems Corporation that...
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...
‘Voluntary’ Forced Marriage
The National Labor Relations Board (NLRB) was at it again last week when it overturned yet another longstanding precedent...
Precedent Schmecedent II
The current pro-union majority at the National Labor Relations Board (NLRB) really does not like to follow longstanding precedent.
No Good Deed Goes Unpunished
One labor union has taken dubious logic to a whole new level by protesting a church whose transgression was providing free pizza to kids.
Courts Reject NLRB Overreach
As this blog has written about on many occasions, the activist majority at the NLRB has issued numerous decisions that favor...
Florida Case Shows State Law Can Protect Employers
In a case highlighting the efficacy of state laws in certain situations where unions are involved, a Florida appeals court ruled...
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 Finalizes Overtime Regulation
The U.S. Department of Labor (DOL) today released its much-anticipated final overtime regulation...
How States Drive Labor Law Reforms
A report highlights ten policy proposals states can implement to promote a more favorable business climate.
State Labor Reforms to Promote a Favorable Business Climate
The U.S. Chamber’s Workforce Freedom Initiative (WFI) today released “State Labor Law Reform: Tools for Growth..."
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.
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.
Senate Puts NLRB Ambush Election Rule Under the Microscope
The rule will eviscerate employers' legal rights and hamstring their ability to respond to union organizing efforts.
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.