The National Labor Relations Board (NLRB) led by the GOP has reversed almost all of Obama’s legacy union rules. This is so pro-business that we can expect that to be another important aspect of Trump’s economic growth policies.
Obama’s guidelines made businesses liable on too many issues. His labor board overturned longstanding precedent.
One rule that was reversed enabled unions to form micro-unions. They could have mini-units throughout a company and would not be required to hold a vote of the entire staff. Not having the same terms of employment would create havoc for businesses.
“There are sound policy reasons for returning to the traditional community-of-interest standard that the Board has applied throughout most of its history, which permits the Board to evaluate the interests of all employees—both those within and those outside the petitioned-for unit—without regard to whether these groups share an ‘overwhelming’ community of interests,” the majority wrote.
Another terrible rule reined in the agency regulators’ ability to police employee handbooks. Beginning in 2013, the agency adopted the view that any rule in a rulebook—regardless of whether it played a part in worker’s complaint—could be construed as a violation of federal labor law, Free Beacon reported.
This is the end of what has become known as the Hooter’s policy. Hooter’s franchise is non-union and it’s private. The Labor Board was telling them what they could do with their rule book. It was simply a way to gain leverage on employers and force settlements.
David Phippen, a management-side attorney at Constangy, Brooks, Smith, & Prophete LLC., said of the agency: “They were acting like little emperors.”
The McDonald’s rule (joint employers) is also gone. That rule made every franchise, every contractor the responsibility of the entire company, greatly expanding liability. The goal was to break the non-union McDonald’s with lawsuits.
These changes will help businesses tremendously. Obama’s problem is he would solve every minor problem by taking a hatchet to existing precedents and applying a one size fits all mandate.