Posts tagged Trump Era
NLRB restores Obama-era rule speeding up union election process
August 25, 2023 // The U.S. National Labor Relations Board (NLRB) on Thursday finalized procedural changes that will speed up the union election process, which have been criticized by business groups for favoring organized labor. The Democrat-led board's rule restores changes to the election process that were adopted during the Obama administration and largely eliminated in 2019 when appointees of Republican former President Donald Trump led the board. Among the key provisions of the new rule are a requirement that elections be held before related litigation is resolved. Under the Trump-era regulation, the board had to rule on issues such as workers' eligibility to vote and alleged unlawful conduct by employers before holding an election.
Pro-Union Shift Expected With Labor Board Member’s Pending Exit
August 21, 2023 // Abruzzo has asked the board to resurrect the Joy Silk doctrine—which would allow unions to bypass an official NLRB election with a card-check vote instead—and overturn the 1940’s Babcock & Wilcox ruling to make captive audience meetings unlawful. In another pending case, the board also may decide the fate of the 1970 Ex-Cell-O precedent, which prohibits the NLRB from forcing companies or unions to accept provisions of a collective bargaining agreement. Overturning that decision would allow the board to levy financial remedies against companies to compensate workers for what they could’ve earned with good-faith contract negotiations. The NLRB’s August agenda also includes finalizing regulations to expand the factors that can trigger a joint-employer finding. The rule, proposed nearly a year ago, would eliminate the stricter joint employment standard established by the Trump-era board. Other pending cases could boost the potency of worker strikes, expand the scope of labor law protections, and make other changes that bolster worker and union power.
Congress Should Protect Federal Workers from Union Coercion
August 10, 2023 // Any other business enterprise attempting to sell nearly irrevocable memberships without disclosing the terms up front would swiftly find itself in the sights of federal regulators. Just last month, the Federal Trade Commission sued Amazon in federal court for “failing to clearly and conspicuously disclose all material terms of the transaction” before signing people up for Prime memberships and “failing to provide a simple cancellation mechanism.” It’s time unions started playing by the same rules. The Paycheck Protection Act, just introduced in Congress by Representative Eric Burlison (R., Mo.), would increase union accountability by ending the collection of union dues via payroll deduction by federal agencies. Given the ubiquity and ease of electronic payment methods, there is simply no good reason to force taxpayers to subsidize a dues-collection system for a private, politically divisive special-interest group.
Biden’s ‘American dream’ nominee would unleash a nightmare
June 20, 2023 // As mothers, caregivers, trauma survivors, and entrepreneurs, women seek nontraditional, flexible work for many reasons. They overwhelmingly choose to pursue independent contracting for greater flexibility ; more control over their schedule, work location, and financial future; and better work-life balance over traditional jobs. Su lacks direct experience running a small business. Leaning on her parents’ or extended family’s small business experience is not enough. Leading the Labor Department would place critical management responsibilities, plus regulatory authority over businesses of all sizes, in her hands. Her record in California exposed other severe leadership weaknesses .
Union and Alaska Army Posts Resolve Differences Over Official Time and Illegal Contract, But Other Fights Remain
May 22, 2023 // Management at three U.S. Army installations in Alaska this month agreed to unwind the unilateral imposition of Trump-era caps on official time as well as an entirely new contract for a pair of union locals representing civilian workers at the forts. But labor leaders bemoaned continued resistance to implementing President Biden’s executive orders rescinding Trump-era labor policies and mandating federal agencies establish a collaborative relationship with their unions.
Businesses Cry Foul on DOL Messaging for Trump Gig Worker Rule
May 8, 2023 // “My discussions with DOL investigators and the solicitor’s office out of Atlanta was exactly the same before the Trump regulations and after the Trump regulations,” McCutchen said. In her interactions with the agency, WHD investigators mentioned and recognized the agency was bound by the Trump rule, but didn’t follow the structure of the Trump test when analyzing whether one of her clients was a contractor or an employee, she said. “They didn’t say, ‘Let’s look at the two core factors,’” she explained, “or, ‘Now we’re going to look at the three additional factors,’ which is the structure of the Trump regulations. They didn’t do that.” The Trump rule has been in place for over two years, and given how it diverged from the Obama-era approach to worker classification, the department should be reaching out to field officers and offering training and guidance, said Michael Lotito, co-chair of Littler Mendelson PC’s Workplace Policy Institute. Simply acknowledging the rule isn’t enough, he added.
Michigan’s Repeal of Right-to-Work Law Helps Democrats, Not Workers | Opinion
April 5, 2023 // More importantly, preventing right-to-work protections ensures a steady flow of funds into the coffers of a union movement that has been bleeding members for decades. That's been true, even in Michigan, where the UAW—the auto workers' union that has now expanded to other industries—formed the activist heart of the movement, providing organizers, foot soldiers, and a bottomless well of campaign contributions for the Democratic Party. But after a sweeping victory in last year's midterm elections, Democrats found themselves back in control of both houses of the state legislature as well as the governor's office, where Gretchen Whitmer survived the blowback from her heavy-handed COVID regulations to win reelection. Among the first items on Michigan Democrats' agenda was to reward their loyal union supporters by repealing the state's right-to-work law. Helping ensure the cash flow to their union donors makes sense and might even be good politics in Michigan—which remains bluer than many pundits assumed during the Trump era. But the notion that repealing right-to-work laws is the path to bringing working-class voters back to the Democrats is a mistake.
After Yearlong Wait, Bates Unionization Vote Fails
March 29, 2023 // They had lost, 186 to 254, all the way back in January 2022. William A. Herbert, executive director of the National Center for the Study of Collective Bargaining in Higher Education and the Professions, said in an email Friday that “A vote against representation by faculty, other professionals and/or staff in higher education has been rare over the past decade.”
Union-friendly changes in the works at U.S. labor board
January 4, 2023 // The U.S. National Labor Relations Board's Democratic majority is poised to make a series of key changes to federal labor law in 2023 that will aid unions amid a surge in organizing that gained momentum during the COVID-19 pandemic. The NLRB and its general counsel, Jennifer Abruzzo, have signaled their interest in overturning a number of Trump-era decisions that were favored by business groups.
NLRB: Employment Law Update, December 21, 2022
December 26, 2022 // The NLRB's Been Busy We've long previewed the National Labor Relations Board's (NLRB's) action on a number of issues, now that Board membership reflects President Biden's appointees and embodies his pro-labor priorities. In recent weeks, we've seen several updates come through from the agency, including