U.S. Chamber of Commerce asks


Chamber ask Trump board Biden board
Overrule Specialty Healthcare and allow employers to gerrymander bargaining units Done Reversed and returned to pre-Trump standard
Repeal rules to streamline representation election process Done Reversed and returned to pre-Trump standard
Overrule Browning-Ferris Industries to enable employers to avoid joint-employer status Done Reversed and new rule issued to define joint employer. Rules were vacated by Trump judge on March 9, 2024.
Allow employers to require arbitration agreements and give greater deference to arbitration Supreme Court disposed of the mandatory arbitration question in Epic Systems.  Trump board reversed Obama board to give greater deference to arbitration proceedings. Amicus briefs requested on scope of confidentiality clauses in arbitration agreements
Expand management rights to give employers more power to make unilateral changes during the term of a collective bargaining agreement and upon its expiration Done Partially reversed. MV Transportation “contract coverage” test for unilateral changes still has not been addressed.
Allow employers to impose discipline without bargaining with a newly organized union Done No action taken
Allow employers to prohibit use of employer email system for communications about union organizing and other workplace issues Done No action taken
Give employers greater leeway to fire employees engaged in collective action for using profane or offensive language Done Reversed and returned to pre-Trump standard
Allow employers to require confidentiality in their investigations and withhold witness statements from the union Done Reversed
Allow employers to restrict picketing on their property and broaden definition of unprotected intermittent strikes Done Partially reversed. Board returned to prior standard allowing access to employer property by contractor employees. Board has not yet issued a ruling on intermittent strikes.


Source: EPI analysis of the National Labor Relations Board's rulemaking and board decisions; McNicholas, Poydock, Rhinehart 2019. 

View the underlying data on epi.org.