FOR IMMEDIATE RELEASE
July 3, 2017
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Ryan Williams 202-677-7060

IN CASE YOU MISSED IT

Fully Staffed NLRB Means It Is Time To Restore Workplace Balance

Heather Greenaway
July 1, 2017
Townhall

The National Labor Relations Board (NLRB) is charged with serving as the clearinghouse for workplace organizing elections, as well as managing disputes between employees, employers and labor unions.  The board’s purpose is not to undertake an activist agenda creating policy favoring one side over another; instead, operating as an arbiter of law as written.  Yet under President Barack Obama, the so-called independent agency became nothing more than a tool for Big Labor to write public policy, putting forward decision after decision that bolstered the interests of union bosses at the expense of America’s workers and businesses.  One reason for this outcome was the board was stacked with labor allies whose allegiance was to bosses and delivering payback for the millions spent electing and re-electing Obama.

As with many things in Washington, D.C., this has already changed markedly since the election of President Donald Trump, but there is much that remains to be done.  No longer is government trying to force nonsensical and burdensome rules onto employers; instead, it is putting smart, qualified people in charge of agencies and enacting policies that create conditions for greater hiring, wage increases and economic growth.

Within the NLRB itself, President Trump has worked to nominate qualified and experienced individuals, who will take an unbiased look at any case and make decisions based on the merits.  The recent board nominations of Marvin Kaplan and William Emanuel are perfect examples as they will bring to the NLRB track records of working on labor issues over the course of their esteemed legal careers.  Kaplan’s experience as counsel to the Occupational Safety and Health Administration (OSHA) and Emanuel’s decades of experience working in labor and employment law demonstrate each will bring a serious and measured approach to the board.

Coupled with the appointment of Philip Miscimarra as chairman of the NLRB, President Trump is clearly demonstrating that he is seeking to fix the failed policies of the last eight years.  He is showing that everyone deserves to have their voice heard, in addition to a seat at the table during workplace organizing efforts and any disputes that may result from them.

As the business community continues to adapt to the deluge of arbitrary rules and regulations issued by the previous administration, the new leadership in Washington must continue to send the message that they are committed to advancing a pro-jobs and pro-worker agenda.  A key aspect of this undertaking requires the board undoing previous decisions, such as the unnecessary and greatly expedited organizing election timetable as well as the policy giving union bosses the ability to organize small subsets of employees known as “micro-unions” when the traditional majority of workers oppose union representation.

With President Trump bringing balance to the board, and by extension American workplaces, the right kind of message is being sent across this country.  The time has come to set aside the divisive, biased, anti-worker and anti-business policies of the last eight years, and get to the hard work of getting Americans back on level footing in their places of occupation.  The Trump Administration has worked incredibly hard to identify and name a strong pair of nominees, but this undertaking is just beginning. And the next step in restoring balance to American workplaces can only be achieved with the swift confirmation of both of these incredibly qualified nominees by the U.S. Senate.

Heather Greenaway is a spokesperson for the Workforce Fairness Institute.

To access the op-ed, click here.

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: https://www.workforcefairness.com.

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

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AZ Daily Sun--Coconino Voices: PRO Act legislation would hurt local businesses

— 05.13.2021 —
By: Julie Pastrik Arizona businesses and workers have had an incredibly challenging year given the economic slowdown that followed in the wake of the coronavirus pandemic. However, local businesses and industries across the state are resilient and on the road to a strong recovery that will mean more jobs for Arizona workers and increased economic development to strengthen our communities. That is, as long as Congress does not move forward with potentially devastating legislation that would hurt local employers and employees alike while impeding our state’s economic recovery. Unfortunately, some members of Congress seem determined to do just that by pushing through the Protecting the Right to Organize (PRO) Act. As harmless as the name may sound, the PRO Act would have serious repercussions for local businesses, particularly smaller ones, while undermining long-standing rights for employees and threatening the growing gig economy that has helped provide much-needed income for so many during this time. Arizona is fortunate to have leaders like Senators Mark Kelly and Kyrsten Sinema, who have both refrained from joining the vast majority of their Democratic colleagues in cosponsoring the PRO Act. In a slap in the face to Arizona workers, the PRO Act removes one of the most fundamental rights a worker has when it comes to voting in elections to determine whether to unionize: the secret ballot. Instead, workers could be forced to sign union authorization cards in front of other employees, their employer, or union organizers. This bill would also destroy workers’ right to privacy by allowing unions access to personal information, including their home address and personal phone number. If that doesn’t open the door to union intimidation and harassment, I don’t know what does. As if that was not bad enough, the PRO Act would create major new challenges for Arizona businesses, making it harder for them to create jobs, expand in their communities, and even keep their doors open. It would redefine what it means to be a “joint employer” under national labor law, greatly complicating existing relationships between franchisors and franchisees as well as between business owners, contractors, subcontractors, and vendors and suppliers. At the same time, it would interfere with attorney-client confidentiality and make it much more difficult for small businesses to secure a legal advice on labor issues. Particularly harmful during these times, the PRO Act would apply a failed policy from California to national labor law by using the “ABC” test to determine whether a worker is an independent contractor or employee. This makes it much harder to qualify as an independent contractor, threatening the freedom and flexibility that tens of thousands of Arizonans find in independent contracting and gig economy work. Ultimately, the PRO Act is bad public policy that only works for union leaders to inflate their falling ranks while threatening workers’ rights, undermining small businesses, and jeopardizing a growing part of our economy. This is not a good solution for Arizona, and Senators Sinema and Kelly should stay firm and not cosponsor this misguided legislation.
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