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.