January 4, 2018
In President Trump's first few months with a Republican majority on the National Labor Relations Board (NLRB), collective bargaining protections for workers have already come under attack:
- The NLRB voted 3-2 to overturn Browning-Ferris. The 2015 Browning-Ferris decision (aka, the "joint employer decision") had given workers the right to bargain with an employer that has authority to control employees' pay, benefits, and working conditions, even if another company also qualified as an employer of the worker. That will no longer be true after the NLRB's recent actions. The NLRB has now given employers ways to skirt the obligation of recognizing unions and being held accountable for labor law violations, which will decrease employer accountability for wages and work conditions.
- The NLRB rolled back protections for workers from employer policies, handbooks, and rules that interfere with Section 7 of the National Labor Relations Act (NLRA).
- The NLRB overturned a rule that had curbed employers' ability to delay union elections with frivolous legal challenges over technicalities over what constitutes an appropriate bargaining unit.
- The NLRB overturned a rule that made it easier to unions to organize workplaces by "micro-units," small bargaining units of employees with the same working conditions.
- The NLRB has begun to consider changing regulations that have helped expedite union elections and limited the time that employers had to run anti-union campaigns.