ABC and the Coalition for a Democratic Workplace issued letters of support for H.J.Res.203, Rep. Burlison's Congressional Review Act challenge to the NLRB's Representation-Case Procedures Final Rule, which was issued on August 1. If passed, the CRA would nullify the final rule, and the Board would be prohibited from issuing a substantially similar rule in the future. 

The NLRB's Final Rule eliminated common sense measures meant to protect workers' rights during the union representation election process, including:

• Reinstated the Board's "blocking charge" policy, which allows unions to halt representation or decertification elections by alleging the employer has committed unfair labor practices until the charges are resolved;
• Eliminated the 45-day window in which employees could challenge a union's majority support and demand a secret ballot election after their employer has voluntarily recognized the union based on signed authorization cards, or "card check;"
• Rescinded the requirement that unions in the construction industry maintain proof of majority support if they want an exclusive collective bargaining relationships that is resistant to challenge

These policies force employees into unions they may not want and make it more difficult for employees to decertify unions that no longer have support from the workforce, undermining employee free choice.

In February 2023, ABC submitted comments in opposition to the NLRB proposed rule. ABC also signed on to CDW’s comment letter along with 12 other employer organizations. CDW argued that the proposed rulemaking would “negatively affect the Board’s representation case jurisprudence, undermine the agency’s statutory goals and reputation, diminish employee free choice and upset the balance of countervailing interests.” Yet, consistent with NLRB Chair Lauren McFerran’s record, the NLRB disregarded stakeholder feedback and advanced a radical rulemaking that strips employees of their rights in the workplace.

On June 12, the U.S. House Committee on Education & the Workforce Subcommittee on Health, Education, Labor, and Pensions held a hearing titled “NLRB Overreach: Trampling on Workers’ Rights and Fostering Unfairness.” The hearing focused on the National Labor Relations Board’s bad decisions and degradation of rights and protections under Chair Lauren McFerran’s failed leadership. Specifically, members noted that the NLRB has restricted employee free choice through decisions that impact the right to free and fair representation elections, the definition of an independent contractor under the NLRA, a dangerous expansion of the definition of Joint Employer, and the ability to register a decertification election.

Ahead of the hearing, the ABC-led Coalition for a Democratic Workplace sent a letter to the committee regarding concerns over McFerran’s renomination to serve as chair of the Board.

On May 22, the U.S. House Committee on Education and the Workforce Subcommittee on Health, Education, Labor and Pensions held a hearing entitled: "Big Labor Lies: Exposing Union Tactics to Undermine Free and Fair Elections.” Prior to the hearing, ABC submitted comments highlighting the harms of salting, card check and neutrality agreements.

The full committee hearing can be seen here.

On March 25, ABC sent a letter to the House Committee on Education and the Workforce in support of H.R. 7784, the Start Applying Labor Transparency Act, introduced by Rep. Burgess Owens, R-Utah. The SALT Act would require labor organizations and their consultants to report when they engage in a coercive tactic known as “salting”— a process where unions send professionally trained organizers into merit shop workplaces under the guise of seeking employment. Once hired, these “salts” often try to create a toxic work environment, mislead co-workers and destroy their employers or deliberately increase costs through various actions, all while concealing that their purpose in the workplace is to serve the interests of organized labor.

On June 20, the Senate Health, Education, Labor and Pensions Committee held a markup of ABC-opposed legislation including the Protecting the Right to Organize Act, Paycheck Fairness Act, and Healthy Families Act. Ahead of the hearing, ABC sent a letter to the committee highlighting concerns with the bills marked up in committee and urging members of the committee to oppose the partisan proposals being considered. ABC also joined with the Coalition for a Democratic Workplace to oppose the proposals.

The markup also considered several ABC-backed and Republican led amendments that would limit the damage of these anti-business, anti-worker legislative proposals, including amendments that would address the PRO Act’s provisions on employee privacy, independent contractors, secondary boycotts, and joint employer. Ranking Member Sen. Bill Cassidy, R-La., also spoke about the ABC-supporting and Sen. Tim Scott, R-S.C., sponsored Employee Rights Act, which would allow workers the freedom and protection they need to decide how they make a living for themselves and their families. You can view the full committee markup here.

On May 23, ABC submitted comments to the House Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions ahead of the subcommittee’s hearing entitled, “Protecting Employees’ Rights: Ensuring Fair Elections at the NLRB.” ABC’s letter highlighted the value of secret ballot elections to ensure that workers have a privacy protected vote that reflects their true preference for unionization in their workplace, criticized the NLRB for recent rulings, and expressed support for the Employee Rights Act that ensures the freedoms, rights, and choices of all America’s workers. You can view the full letter that was submitted for the record here.

On March 8, the Senate Health, Education, Labor, and Pensions Committee will hold a hearing titled “Defending the Right of Workers to Organize Unions Free from Illegal Corporate Union-Busting,” which will highlight the ABC-opposed Protecting the Right to Organize Act, sponsored by the HELP Committee Chairman Bernie Sanders, I-Vt. ABC sent a letter to the committee ahead of tomorrow’s hearing highlighting the most dangerous provisions of the bill and the negative effects they would have on the construction industry and the economy.

While the bill has been reintroduced, with Republicans in control of the U.S. House it will not come up for a vote as it has in previous years and will not meet the 60-vote threshold requirement for passage in the U.S. Senate.

View ABC’s Press Release on the bill here.

On April 19, Sen. Tim Scott, R-S.C., and Rep. Rick Allen, R-Ga., reintroduced the ABC-supported Employee Rights Act. The Employee Rights Act stands in stark contrast to the ABC-opposed PRO Act and would strengthen the rights, flexibility and privacy protections of workers. In the face of the Biden administration—through the National Labor Relations Board and U.S. Department of Labor—seeking to implement provisions of the PRO Act through regulatory action, the ERA would prevent this executive overreach through ensuring the use of secret ballots in union elections; stimulating local businesses and entrepreneurship opportunities; defending worker choice and independent contractors; protecting workers from unwanted political exploitation; and safeguarding employee privacy.

ABC signed a letter of support for the bill, which also received support letters from the Coalition for a Democratic Workplace and a diverse coalition of associations and organizations.

ABC also issued a press release highlighting our support for the ERA, and an action alert urging members of Congress to cosponsor the bill.

On March 24, ABC joined a coalition of national, state and local trade associations in a letter to the President, urging the administration’s active engagement with the parties to help them reach a final contract, bring the negotiations to a close and end the uncertainty surrounding the operations of the West Coast ports. West Coast port labor negotiations between the International Longshore and Warehouse Union and the Pacific Maritime Association have been ongoing since May 2022 with the lack of a solution resulting in a decrease in cargo volumes at West Coast ports, in part to avoid the potential fall-out should the ongoing talks fail.