September 7, 2017
CONTACT: Ryan Williams

The Honorable Tim Walberg
Subcommittee on Health, Employment, Labor and Pensions
Committee on Education and the Workforce
2436 Rayburn House Office Building
Washington, D.C. 20515

Dear Chairman Walberg,

On behalf of the Workforce Fairness Institute (WFI), an organization devoted to educating workers, their employers, employees and citizens about issues affecting the workplace, I would like to thank you and Representative Scott Perry for championing an amendment to H.R. 3354, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018, that would prohibit funds from being used to support an anti-worker and job-killing policy from the Obama-era National Labor Relations Board (NLRB). The conclusions reached by the previous Board, including the “ambush election” rule, “micro-union” decision and new joint-employer standard, were little other than a handout to unions bosses at the expense of employees and employers.

Among the many decisions reached by President Obama’s NLRB that benefited Big Labor, the “ambush election” ruling was particularly egregious. By making it possible for union organizers to hold elections in as few as 11 days, government acted in favor of union bosses and stripped small business owners of any meaningful opportunity to inform their workers about the consequences of unionization. Forming a collective bargaining unit is a serious decision and employees deserve the time to fully understand the process and how it will impact their livelihoods. Thanks to your amendment to H.R. 3354, there is now hope that ambush elections will come to an end.

Before the NLRB’s decision to create a pathway for “micro-unions,” labor was expected to organize a majority of employees in a workplace. With fewer and fewer workers deciding to organize, Obama’s so-called independent agency simply decided to change the rules in Specialty Healthcare and Rehabilitation Center of Mobile. This decision created a new standard for determining the make-up of bargaining units for a union certification election and the implications were devastating. The authorization of micro-unions allowed labor bosses to gerrymander workplaces allowing small groups even sub-groups of employees to form collective bargaining units. While this ruling undoubtedly advanced labor’s agenda, it radically changed decades of established labor law. This egregious misuse of power demands action and we are very pleased that this legislation blocks enforcement of the micro-union decision.

As you know, the NLRB’s misguided and new joint-employer standard has been extremely harmful to workers and businesses alike. Before this new standard, businesses were only liable for employment violations that occurred in workplaces under their “direct control.” By enforcing a new standard, the liability was expanded to workplaces under their “indirect control,” meaning a business or company could be found liable in a variety of new and different scenarios, such as when it contracted work to a separate entity. This rule has upended the franchise industry making employers liable for workplace violations in separate and independent locations that are responsible for setting their own hours and labor policies. Language to make certain this erroneous NLRB policy will not be able to move forward is a meaningful step toward restoring balance in American workplaces.

Employees and employers need greater certainty in a tumultuous time, including confidence their elected officials are committed to crafting policies that are pro-worker, pro-hiring and pro-growth. By advancing legislation that sidelines ambush elections, micro-unions and new joint-employer standard, you are sending a powerful signal that your subcommittee, the Committee on Education and the Workforce Committee, and U.S. House intend to send a strong message to agencies advancing interests other than those of workers and job creators.

WFI strongly supports your actions and encourages members of the House, regardless of their political affiliation, to support the effort to rein in policies that hurt our employees and employers.


Heather Greenaway
Workforce Fairness Institute


The Workforce Fairness Institute is an organization committed to educating voters, employers, employees and citizens about issues affecting the workplace. To learn more, please visit:

To schedule an interview with a Workforce Fairness Institute representative, please contact Ryan Williams at (202) 677-7060.


Tell Congress: Stop the PRO Act

WFI is working to prevent passage of the so-called Protecting the Right to Organize Act (PRO Act)—a wholesale labor reform package that takes the current careful balance of labor rules and tips it greatly in the favor of labor bosses and forced collective bargaining.

The PRO Act robs workers of the right to a secret ballot to form a union, forces union contracts on workers without a vote of approval, and expose workers’ personal contact information to union bosses seeking to organize a workplace. And that’s just the start.

Help us speak out against this woefully misguided and blatantly anti-worker legislation. Review and send the message below to your members of Congress today.

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WFI Key Vote Letter: Opposition to PRO Act

— 02.10.2020 —
Dear Speaker Pelosi and Minority Leader McCarthy: On behalf of the Workforce Fairness Institute (WFI), I am writing to share our organization’s vehement opposition to H.R. 2474, the Protecting the Right to Organize Act (PRO Act). WFI has serious concerns with the broad, overreaching nature of this legislation and the many ways in which it would undermine worker freedom and privacy, while simultaneously threatening businesses and entire industries that keep America’s economy thriving. Please note that WFI will include votes on the PRO Act and its amendments on our Congressional Labor Scorecard, which scores and ranks legislators based on their activity associated with workplace issues. WFI was established to fight for American employees and employers as well as our entire economy. We believe in worker empowerment, the right of workers to be fully informed of the options available for worker-involvement in the workplace, and the right to freely choose whether to organize or not. No individual or group – government, a union or an employer – should be able to intimidate or restrict workers’ in exercising these rights. In an attempt to boost flailing union membership at the expense of workers’ rights, the PRO Act would upend decades of established U.S. labor law and institute myriad anti-employee and anti-employer policies that have already been soundly rejected—by Congress, various federal agencies, or the courts. Among its most blatant affronts to workers’ rights, the PRO Act would eliminate the right to a secret ballot when determining whether to unionize and enforce a “card check” system, exposing workers to the potential for harassment, intimidation, and coercion. The PRO Act would also enforce binding arbitration in union negotiations by a government- appointed bureaucrat; repeal and eliminate right-to-work laws in 27 states, force workers to fund union activities regardless of whether they support them; and threaten the ability of individuals to operate as independent contractors, eliminating traditional economic and employment opportunities and threatening the independence and flexibility of the emerging gig economy. On top of all that, the PRO Act would force all workers’ personal and home contact information to be provided to a union during organizing campaigns – in an electronic, searchable format no less, with no limit on what a union can do with that information. WFI believes in advancing sensible policies that protect and preserve the rights of both employees and employers, and we welcome the opportunity to work with legislators who also support these efforts. However, the PRO Act does not achieve these goals and would instead threaten the rights of both while jeopardizing our entire economy. WFI urges members of the House to strongly oppose the PRO Act. Sincerely, Heather Greenaway Executive Director Workforce Fairness Institute See the letter here.
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