April 6, 2018
It seems there is never a slow day over at the National Labor Relations Board. Today, the NLRB General Counsel Peter Robb issued a legal opinion that strongly disagreed with the Board’s highly controversial and abrupt action vacating its own decision in Hy-Brand Industrial Contractors (see background here, here and here).
March 30, 2018
Earlier this week, the Competitive Enterprise Institute sent a request to the National Labor Relations Board Office of Inspector General to investigate NLRB member Mark Pearce for publicly disclosing confidential Board information about the status of a pending case. The case, Hy-Brand, in question involves important Board precedent related to joint employer relationships, which impact thousands of businesses across the country.
March 20, 2018
The Competitive Enterprise Institute is leading a free-market coalition urging Congress to attach the Save Local Business Act (H.R. 4331) as a policy rider to the current must-pass omnibus budget bill. The legislation would settle ongoing joint employer confusion by reinstating the longstanding joint employer precedent that established a bright-line rule based on “direct control.”
March 12, 2018
This has the look of a coordinated attack to hinder the current National Labor Relations Board’s ability to reform Obama-era policies. The Inspector General stirred up a controversy over the Hy-Brand decision with a report that contained little in terms of facts or legal analysis. Then, someone in the Inspector General’s office, or with access to the investigation, leaked the investigation to the public, which cast doubt on the decision.
February 27, 2018
In an abrupt and unexpected move, on February 26th, the National Labor Relations Board vacated its December 2017 decision in Hy-Brand, which restored longstanding Board precedent relating to joint employer liability. The decision to vacate means the law reverts to an Obama-era Browning-Ferris joint employer standard that is overly-broad, vague, and creates immense uncertainty among the regulated community.
January 26, 2018
President Trump should use his State of the Union address to encourage members of Congress to pass these 7 bills immediately.
January 11, 2018
A recent report from the Detroit Free Press entitled “Embezzlement plagues union offices around U.S., records show” provides another reason why states should enact right-to-work laws, which free workers from paying forced union dues.
December 26, 2017
Major labor reform is on the horizon in 2018. Worker freedom may be coming to a state near you, federal overtime requirements will likely change, and the National Labor Relations Board (NLRB) has signaled it will restore longstanding precedent and act as a neutral arbiter instead of a union advocate.
- Worker Freedom
A landmark case currently before the U.S....
December 15, 2017
During the past eight years, the Obama National Labor Relations Board (NLRB) tilted labor-management relation precedent far in favor of labor unions. This came in the form of overturning thousands of years of precedent that stacked the deck for the benefit of Big Labor. As a result, worker choice and employer...
October 31, 2017
There may never have been a more partisan National Labor Relations Board (NLRB) than during the Obama administration. During Obama’s tenure, the agency in charge of governing labor-relations in the private-sector upended 4,559 years of precedent. Nearly every decision made by the NLRB was intended to tilt the...