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OpenMarket: Private Unions

  • New Joint Employer Rule Means More Jobs, Not Lower Wages

    December 11, 2018
    The National Labor Relations Board (NLRB) is in the process of implementing a regulation that would restore the traditional standard for when a worker is considered to be “jointly” employed by more than one entity. On September 13, the NLRB issued a proposed rule under which “an employer may be found to be a joint-employer of another employer’s employees only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment and has done so in a manner that is not limited and routine.”
  • National Labor Relations Board Responds to Democrats' Invented Ethics Concerns

    September 25, 2018

    On September 17, Sen. Warren sent a letter to the NLRB warning that it must “fully comply with federal ethics regulations during reconsideration” of whether employees may use an employer’s email system for union organizing purposes. Her letter calls for the recusal of Republican Board member William Emanuel in the case Rio All-Suites Hotel. But Sen. Warren’s analysis of the ethics standard shows either a misunderstanding of the rules or is an attempt to obstruct the NLRB from taking legitimate action.

  • Setback in Missouri Won't Stop Worker Freedom Momentum

    August 9, 2018

    AFL-CIO President Richard Trumka took to the pages of The Wall Street Journal to beat his chest on Big Labor’s victory in striking down right-to-work legislation in Missouri. It was an overwhelming victory, certainly, with voters striking down the ballot measure by a 2-1 margin. Trumka called the win an “incredible display of the labor movement’s capacity to win change.” Going on to say that “Tuesday’s victory was a high point in a defining year for workers. With this win under our belt, we’re setting our sights on November.”

  • Right to Work Is Right for Missouri

    August 7, 2018

    Private-sector workers in states without right to work laws can still be forced to pay fees to a union they vehemently disagree with, even as their public sector counterparts were freed from paying forced union dues by the Supreme Court in June.  

  • Priorities for DOL's Office of Labor-Management Standards

    July 9, 2018

    The Trump administration recently installed Arthur Rosenfeld as the head of the Department of Labor's Office of Labor-Management Standards (OLMS), which administers and enforces the Labor Management Reporting and Disclosure Act. The LMRDA was enacted to ensure union leaders are accountable to their members. Now, with the vacancy at the OLMS filled, here is shortlist of priorities the sub-agency should seek to accomplish.

  • Last Chance for the 115th: Legislative Action on Labor and Employment

    June 15, 2018

    Lawmakers have made little to no progress during the 115th Congress to improve labor and employment policy. U.S. labor law is outdated and in need of modernization. In December 2016, the Competitive Enterprise Institute released its “Agenda for Congress” outlining several opportunities to update labor law in order to increase worker choice and flexibility and remove onerous burdens on job creators.

  • Debating Employment Flexibility in the Gig Economy

    May 18, 2018

    Renowned labor expert and Harvard professor Benjamin Sachs argues over at OnLabor.org that he's had enough with what he calls the “flexibility trope” of worker classification and job flexibility. 

    Sachs calls out comments made by Jianming Zhou, CEO of SherpaShare, on the California Supreme Court’s decision in Dynamex and how it would impact sharing economy companies and workers. 

  • Department of Labor Safeguards Worker Retirement Investments

    April 30, 2018

    It is well known that Americans do not adequately save for retirement. As such, it is crucial that every dollar American workers put away for retirement is invested with the goal of seeking to maximize return, not achieve a collateral goal.

  • House Committee Examines How to Modernize Labor Laws

    April 26, 2018

    Labor-management relation laws in the United States are in need of an update. Reform is long overdue, with the last major update to statutes governing union organizing and labor disputes occurred in 1940s. Current labor laws grant labor unions monopoly status and coercive power over workers. To that end, on April 26, the House Subcommittee on Health, Employment, Labor, and Pensions discussed legislative options to strengthen the rights of workers to choose whether or not to join a union and what is the proper legal status for worker centers.

  • National Labor Relations Board General Counsel Rebukes Board

    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).

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