You are here

OpenMarket: Trey Kovacs

  • 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).

  • Option for States Dealing with Illegal Teacher Union Strikes

    April 6, 2018

    An uptick in teacher union strikes has occurred over past few months. Teachers have abandoned students in West Virginia, Kentucky, and Oklahoma with rumblings of a potential strike in Arizona. What is spurring this increase in union walk-outs? Governing magazine puts forth the idea that the labor laws in these Republican dominated states, which limit union collective bargaining privileges, may be a contributing factor.

  • 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.”

  • Department of Education Limits Federal Employee Union Subsidy

    March 19, 2018

    Department of Education Secretary Betsy DeVos deserves a round of applause. Most federal agencies, even in Republican administrations, agree to collective bargaining agreements that heavily subsidize federal employee unions’ cost of representation. Instead, DeVos diverged from past practices and scored a win for taxpayers. 

  • National Labor Relations Board Recusal Saga Continues

    March 14, 2018

    Democrats and union allies have been transparent in their goal to block or delay any decisions by the Trump National Labor Relations Board (NLRB), as part of an effort to preserve the pro-union rulings by the Obama-era Board.

  • 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.

  • Landmark Supreme Court Case Can Restore Worker Freedom

    February 26, 2018

    Today at oral argument in Janus v. AFSCME, Council 31, Justice Sonia Sotomayor said “You're basically arguing, do away with unions,” when questioning Bill Messenger, an attorney defending plaintiff Mark Janus, for the National Right to Work Legal Foundation.


Subscribe to OpenMarket: Posts by Trey Kovacs