President Trump’s NLRB Nominations Could Shape Future Labor Reform

Earlier this summer President Trump announced two nominations to the National Labor Relations Board (NLRB). Recently Heritage Action signed onto a coalition letter urging the confirmation of President Trump’s NLRB nominees Marvin Kaplan and William Emanuel.

Both nominees currently await a vote out of the Senate Committee on Health, Education, Labor, and Pensions before proceeding to the upper chamber’s floor for full Senate consideration. Senate Democrats’ use of procedural tactics to drag out the confirmation process for President Trump’s nominees has left many nominees stuck in limbo and the American people waiting for necessary reforms, especially at the NLRB.

Under the Obama administration, the board took unprecedented actions to bolster union bosses at the expense of both employers and employees.

Take the ambush election rule for example. The NLRB drastically shortened the period of debate where employers present their case to employees as they consider a vote to unionize. In another attempt to aid union bosses, employees have no ability to opt-out of employers handing over their personal information during a union organizing drive.

The latest burden on business from the NLRB could cost millions of jobs in the franchise world. The joint employer standard unreasonably broadens the scope under which employers can be held liable for other employers labor law violations, despite having no direct control over said employees.

With two new members confirmed, the board can take meaningful steps to undo these policies and strip unions of power that crippling business growth and undermine workers. In the meantime, the House and Senate should consider legislation that builds on these reforms to put power back in the hands of employees.

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