Roger King, HR Policy Senior Labor and Employment Counsel, provided testimony to the House Committee on Education & the Workforce, Subcommittee on Health, Employment, Labor, and Pensions hearing on “Protecting Workers and Small Businesses from Biden’s Attack on Worker Free Choice and Economic Growth.”
Why it matters: The testimony highlighted the negative impact of NLRB vacancies, the Board’s disregard for precedent, and other NLRB issues affecting employers.
Testimony focused on the implications of the current makeup of the NLRB and the importance of precedent:
- Current Board composition: The NLRA mandates a five-member NLRB, with three from the President’s party and two from the opposing party. Currently there are three Democrats, one Republican, and one vacant Republican seat (since December 16, 2022).
- Differing viewpoints: The vacant Republican seat hampers a diversity of viewpoints in case adjudication and creates a significant imbalance in staff attorneys. Approximately 40-50 attorneys serve Democrat Board members, while the lone Republican member has only twelve.
- Suggestion for Congress: Consider legislation allowing Board members, starting in 2025, to continue serving after their term until a replacement is confirmed (or the sitting member reconfirmed).
- Precedent is crucial: The NLRB has overturned about 124 years of precedent in the last two years, wreaking compliance havoc for all stakeholders. “Precedent is important to everyone, except the National Labor Relations Board,” Mr. King noted.
- Politicization of the Board: The NLRB's decision-making has become highly politicized, resulting in a pre-determined and result-oriented approach.” Every major policy decision issued by this board has been unfavorable to employers and employees.”
What’s next: Following the hearing, the House Committee on Education & the Workforce will consider legislation (The Employee Rights Act, Save Local Business Act, Modern Worker Empowerment Act, and Small Businesses Before Bureaucrats Act) aimed at ensuring employee rights. Given the Democratic majority in the Senate, the bill is not expected to be successful.
HR Policy Letter of Support: Earlier this week, the Association submitted a letter to Chairwoman Virginia Foxx of the House Committee on Education and the Workforce, supporting the Congressional Review Act resolution to overturn the NLRB’s finalized joint employer rule.
