In Focus: Republicans Take Aim at NLRB’s ‘Joint Employer’ Ruling

By Allen Smith September 14, 2015

The GOP is preparing for another fight with the Obama administration over the National Labor Relations Board’s (NLRB’s) controversial joint employer decision last month while Congress was on recess. House Education and the Workforce Committee Chairman John Kline, R-Minn., and Senate Health, Education, Labor and Pensions Committee Chairman Lamar Alexander, R-Tenn., introduced the Protecting Local Business Opportunity Act to overrule the NLRB’s decision. (The Hill)

The Decision Will Make Union Organizing Easier

Under the NLRB’s decision, the expansion of who is considered to be a joint employer will assist unions in their efforts to represent employees—particularly among franchisors and franchisees such as fast-food giant McDonald’s. And it will make business partners liable for the unfair labor practices of each other. (SHRM Online)

Not the First Legislation Against NLRB

Congress has been up in arms against the NLRB all year. Legislation introduced this summer would nullify the so-called ambush election rule, plus change well-established labor law. (SHRM Online)

Prior Attempt to Stop ‘Ambush’ Election Rule Vetoed

President Barack Obama vetoed a joint resolution disapproving of the National Labor Relations Board’s representation case procedures rule in March—a veto Congressional Republicans did not have enough votes to override. (SHRM Online)

Meanwhile, the NLRB Is Going After McDonald’s USA and Its Franchisees

The NLRB has brought charges against McDonald’s USA and its franchisees, maintaining that they acted as joint employers and took retaliatory discipline against employees in response to their activities aimed at improving wages and working conditions during Fight for $15 protests. (SHRM Online)

Allen Smith, J.D., is the manager of workplace law content for SHRM. Follow him @SHRMlegaleditor.


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