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OpenMarket: Private Unions

  • 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 U.S. labor law is outdated and in need of modernization.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 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).

  • Investigate Labor Relations Board Confidentiality Breach

    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.

  • Include 'Joint Employer' Fix in Omnibus Budget Bill

    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.”

  • Growing Scandal at National Labor Relations Board

    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.

  • Job-Killing Joint Employer Standard Returns

    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.


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