National Labor Relations Board

OVERVIEW

The five-member National Labor Relations Board (NLRB) is tasked with interpreting and enforcing the National Labor Relations Act (NLRA). The agency is supposed to serve as a neutral arbiter of federal labor law.

ABC SUPPORTS
• Balanced policies that reflect to the NLRB’s original mission to fairly interpret and enforce federal labor law.
• Legislation that preserves longstanding union election procedures by safeguarding the right of workers to make informed decisions about union representation, ensuring the ability of employers to communicate with their employees, and protecting the privacy of workers and their families.
• Legal and legislative efforts to restore the joint employer standard that had been in place for over 30 years under the NLRA.

ABC OPPOSES
• The NLRB’s final rule that implements “ambush” style union representation elections. Such policies unfairly obstruct and silence employers while violating workers’ privacy and depriving them of valuable information.
• The NLRB’s decision in Browning–Ferris Industries of California that expands joint employer liability under the
NLRA.
• Any efforts by the NLRB to overturn balanced precedent or implement anti-employer policies and rulemakings.

BACKGROUND

Under the Obama administration, the NLRB issued controversial, anti-business rulemakings seeking to promote union organizing in the construction industry and elsewhere at the expense of employers and employees.

Most notably, the NLRB finalized its controversial “ambush” election rule, also known as Representation-Case Procedures. The rule significantly changes the union representation election process by reducing the amount of time between when a union files a representation petition and an election takes place. 

On Aug. 27, 2015, the NLRB issued a decision in the Browning-Ferris Industries of California case, which expanded joint employer liability under the NLRA to situations where a company has “indirect” control and “unexercised potential” control over the essential terms and conditions of employment of another company’s employees. The decision uproots 30 years of labor standards and imposes unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry. 

‚Äč
UPDATE


Under the Trump administration, the U.S. Senate confirmed the nominations of William Emanuel and Marvin Kaplan, who were both supported by ABC. The NLRB has filled all five seats for the first time since August 2015. 

Additionally, the Senate confirmed Peter Robb to serve as General Counsel for the NLRB on Nov. 8, making him the first Republican General Counsel since June 2010.