Doing the chamber's bidding: Action on the Chamber of Commerce's top 10 list by the Trump board

Chamber wish Status NLRB action
Overturn Specialty Healthcare to give employers more say in bargaining unit determinations. Completed PCC Structurals, Inc., 365 NLRB No. 160 (2017).
Weaken rules that were adopted in 2015 to streamline representation election process. In process Request for comments on modifying or repealing the rules published on December 14, 2017. Reform to election rules listed in the agency’s regulatory agenda, indicating that rulemaking is forthcoming.
Overturn Browning-Ferris decision on joint employer. In process Trump board attempted to overturn Browning-Ferris in Hy-Brand Industrial Contractors, 365 NLRB No. 156 (December 14, 2017), but had to withdraw the decision because of member Emanuel’s conflict of interest. Trump board then proposed a new rule to overturn Browning-Ferris. 
Allow forced arbitration:

(a) Allow employers to force employees into arbitration and disallow class or collective claims.

(b) Change the standard so employers can push more disputes into arbitration.

(a) Completed

(b) In process

(a) Supreme Court overturned Murphy Oil in Epic Systems. Trump GC would go further and say group litigation over workplace violations is not protected activity under the NLRA.

(b) Trump GC has urged the board to change the rules in the way the chamber seeks. GC Brief in United Parcel Service, Inc., Case 06-CA-143062 (March 15, 2019).

Change rules on “management rights” clauses to give employers more power to make unilateral changes and undermine the collective bargaining process. Completed MV Transportation, Inc., 368 NLRB No. 66 (2019); Boeing; 365 NLRB No. 154 (2017); Raytheon Network Centric Systems, 365 NLRB No. 161 (2017).
Allow employers to undermine the bargaining process by unilaterally imposing discretionary discipline without bargaining with the union. In process Trump GC has urged the NLRB to adopt the chamber’s position, and in a highly unusual move, the Trump board denied a charging party’s request to withdraw a case in order to keep it alive for the NLRB to act. Care One, Case 22-CA-204545, 368 NLRB No. 69 (2019).
Allow employers to deny employees use of the employer email system for communication with co-workers about workplace issues. In process NLRB has requested briefs on the issue, and the Trump GC has argued that employers should be able to deny employees access to the company email system. Caesars Entertainment Corp., Case 28-CA-060841.
Allow employers to fire or discipline workers for profane or offensive language, even if it interferes with protected NLRA activity. In process The Trump board has requested amicus briefs on changing its rules to permit employer discipline for profane or racially or sexually offensive language. General Motors LLC, 368 NLRB No. 68 (September 5, 2019).
Allow employers to keep their investigations confidential and gag employees from talking with each other about pending employer investigations. In process Trump GC has asked the NLRB to change the law and allow employers to gag employees about employer investigations. Unique Third Store, Cases 27-CA-191574 et al.  He has signaled that he wants to overturn precedent requiring employers to turn over witness statements from internal investigations, GC Memorandum 18-02, and Chairman Ring has indicated that he agrees.  American Medical Response West, 366 NLRB No. 146, n. 4 (2018).
Allow employers to keep employees and their supporters off the employer’s property to discuss and publicize their views on workplace issues. Completed Tobin Center for the Performing Arts, 368 NLRB No. 46 (August 23, 2019); Kroger Limited Partnership, 368 NLRB No. 64 (September 6, 2019); UPMC, 368 NLRB No. 2 (June 14, 2019).

Source: EPI analysis of U.S. Chamber of Commerce, Restoring Common Sense to Labor Law: Ten Policies to Fix at the National Labor Relations Board, February 28, 2017.

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