Thursday, March 2, 2017

U.S. Chamber Report on NLRB Policies

10 of the worst…..

The U.S. Chamber of Commerce recently released a report highlighting what it feels are 10 of the worst NRLB policies the NLRB adopted during the Obama administration.

Here are the 10 the report cites:

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

I’d add the unending number of decisions related to social media use by employees and the also constant decisions defending harassing and discriminatory behavior on picket lines and/or during union organizing efforts.

This report speaks to the trend of the board to upend and overturn long-standing labor policies that had been supported by both Republicans and Democrats and that now are clearly weighted in favor of unions. Regardless of how one feels about unions or the NLRB, it was never the intent (I don’t believe) for the National Labor Relations Act to be that unbalanced.

Restoring the proper balance to the board, and therefore to labor policies, should be a priority of not only the current administration, but to our elected officials in general – regardless of party.

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