In Washington, using the budget appropriations process, there is a bi-partisan effort to dismantle a controversial decison by the National Labor Relations Board (NLRB) that impacts tens of thousands of small businesses and franchises.
In August, the pro-union NLRB issued a decision that opens up employers to being considered joint employers of subcontractors’ employees.
As noted here, the NLRB’s August decision upended “decades of established law.”
In the past, employers receiving services through temp agencies were not responsible for agency workers’ organization, collective bargaining, and other NLRB-based rights unless the employers exercised “direct and immediate” control over their working terms and conditions. However, the NLRB has now concluded that “indirect control” is enough to qualify for joint-employer status – and thus share unfair labor practice liability and bargaining obligations – upending decades of established law.
Earlier this week, during a conference call promoted by the International Franchise Association, some lawmakers and business owners argued that tens of thousands of small businesses might fail if the NLRB’s BFI decision (as the case is known) is not voided thought adopting language in the omnibus appropriations bill.
According to CBS News’ Moneywatch, while voiding the NLRB’s ruling in the House may be possible, it will be an uphill battle in the Senate.
However, Nebraska Rep. Brad Ashford [D-NE] “called the movement to reverse the NLRB’s ruling ‘a bipartisan effort’ that includes a ’50 to 60 Democrats who would look kindly on this measure.'”
More here.
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