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

Chamber wish NLRB action
Overturn Specialty Healthcare to give employers more say in bargaining unit determinations. PCC Structurals, Inc., 365 NLRB No. 160 (2017).
Weaken rules that were adopted in 2015 to streamline the representation election process. The Trump board issued final rules weakening the representation election procedures. See Representation-Case Procedures, 84 Fed. Reg. 69524–69599 (December 18, 2019).
Overturn Browning-Ferris decision on joint employer. The 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. The Trump board then proposed and finalized a new rule to overturn Browning-Ferris. See Joint Employer Status Under the National Labor Relations Act, 85 Fed. Reg. 11184–11236 (February 26, 2020).
Allow employers to force employees into arbitration and disallow class or collective claims. The Supreme Court agreed with the Chamber of Commerce and the Trump board in Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018).
Change rules on “management rights” clauses to give employers more power to make unilateral changes and undermine the collective bargaining process. 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. Care One, 369 NLRB No. 109 (2020).
Allow employers to deny employees use of the employer email system for communication with co-workers about workplace issues. Caesars Entertainment Corp., 368 NLRB No. 143 (2019).
Allow employers to fire or discipline workers for profane or offensive language, even if it interferes with protected NLRA activity. General Motors LLC, 369 NLRB No. 127 (July 21, 2020).
Allow employers to keep their investigations confidential and gag employees from talking with one another about pending employer investigations. Unique Thrift Store, 368 NLRB No. 144 (December 16, 2019).
Allow employers to keep employees and their supporters off the employer’s property to discuss and publicize their views on workplace issues. 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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