Lawrence Person's BattleSwarm Blog 3/13/2024
Democrats hate the gig economy, since they can’t force independent contractors to join unions (and thus rake off their union dues). So Biden’s NLRB issued a “joint-employer standard” to force companies to treat gig employees and subcontractors as subject to union representation. Well, a federal judge in Texas squashed that rule.
Last week, a federal judge in Texas issued a ruling that struck down a new joint-employer standard by the U.S. National Labor Relations Board (NLRB) that would have classified numerous companies as “employers” of specific contract and franchise employees, obligating them to negotiate with unions representing those workers.
U.S. District Judge J. Campbell Barker in Tyler decided in Chamber of Commerce of the United States of America v. National Labor Relations Board that the NLRB’s new “joint employers” rule is too broad and violates federal labor law.
The new NLRB rule would have expanded the standard for finding a joint employment relationship under the National Labor Relations Act, which states and defines the rights of employees to organize and bargain collectively with their employers through representatives.
“This ruling is a major win for employers and workers who don’t want their business decisions micromanaged by the NLRB,” said the U.S. Chamber of Commerce. “It will prevent businesses from facing new liabilities related to workplaces they don’t control, and workers they don’t actually employ. The U.S. Chamber will continue to fight back against the NLRB and its campaign to promote unionization at all costs.”
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