E&W Blog

Under the Biden administration, the NLRB has weakened the union election secret ballot process, threatened the franchise model supporting millions of workers, and undermined independent contracting and other nontraditional work arrangements.

In his opening statement, Chairman Bob Good (R-VA) took aim at the NLRB’s radical agenda: “The Biden administration is attempting to micromanage every employer-employee relationship in the country at the behest of Big Labor union bosses. To achieve its goals, the Biden administration has weaponized the anti-business National Labor Relations Board to target business owners across America.”

Mr. Roger King, Senior Labor and Employment Counsel of the HR Policy Association, testified to the nakedly partisan transformation of the NLRB under Biden. Regarding the Board’s year-long vacancy of a Republican seat contrasted with a mere 14-day vacancy of a Democrat seat, he said, “That has adverse consequences on policy decision-making at the Board.”

Republicans came prepared to discuss legislative solutions to the NLRB’s overreach, including the Employee Rights Act, the Save Local Business Act, the Modern Worker Empowerment Act, and the Small Businesses before Bureaucrats Act. As witness Vincent Vernuccio, President of the Institute for the American Worker, testified, “The legislation includes simple and narrow reforms that empower workers with more freedom and more flexibility.”

Rep. Rick Allen (R-GA) used his five minutes to underscore the importance of the Employee Rights Act, his own legislation.  “Are you aware of examples where labor unions misuse workers’ private information, and how would the Employee Rights Act put a stop to this occurring?” he asked.

Mr. Vernuccio responded, “The Employee Rights Act would protect workers’ privacy by giving them the option to choose what piece of personal information to give unions. So, for instance, if they did not want a union coming to their home they could say ‘just email me.’”

His point is especially salient given this powerful testimony the Committee heard on November 30th from Ms. Jeanette Geary, a nurse who was repeatedly threatened at home by union bosses.

Employees can also feel helpless due to the iron grip union boss unionization schemes have over the workplace. Rep. Eric Burlison (R-MO) broke down the power imbalance in conversation with Mr. King.

“Unions enjoy a privilege that most businesses don’t. They enjoy the privilege of having a monopoly power when it comes to being the bargaining unit,” he said.

“Once a bargaining unit is certified by the NLRB, that unit stays in place at that place of business for the life of that business,” Mr. King added.

All told, around 94 percent of currently unionized workers didn’t vote for their representation. The choice was never on the table. To them, the NLRB’s radical proposals to make unionization easier and more permanent are brazen attempts to usurp workers’ rights and tip the scales in Big Labor’s favor.

Members also expressed concern with the NLRB’s attack on the franchise business model. In an exchange with Mr. Matthew Haller, President and CEO of the International Franchise Association, Rep. Tim Walberg (R-MI) asked, “What’s the biggest threat to the franchise business model?”

“Well, government generally. But specifically, today, this greatly expanded joint employer rule that goes into effect in February,” Mr. Haller replied, then continuing, “Eighty-seven percent of franchisees are concerned about this because they don’t want a franchisor coming in and taking more control over their business.”

Moreover, if the new rule goes into effect, only 14 percent of franchisees say they would open a franchise. The joint employer rule’s impact on the critical franchising sector of the economy would result in unmitigated, widespread harm felt by every American.

Lastly, Rep. Lloyd Smucker (R-PA) contributed a personal note to the hearing.

“What I saw in 25 years in the construction industry, there was sort of an inverse relationship with government interference in business, government interference in the economy, overregulation … and growth.”