NRMCA Provides Updates from Coalition for Democratic Workplace, NLRB

Over the past month, the Coalition for a Democratic Workplace and the National Labor Relations Board (NLRB) have provided the following updates:

• Labor & Employment Policy Under the Biden Administration - The employer community can expect substantial changes in labor and employment policy under a Biden Administration. CDW put together a fact sheet on the Biden campaign’s labor relations policy agenda. Many of the proposals can be achieved through executive action, so it is likely they will be implemented regardless of which party controls Congress. For quick look into the broader Biden labor and employment policy agenda, see Ulman Policy’s slides.
• CDW Filing Amicus Brief on Secondary Boycott Activity - CDW has filed an amicus brief in a case dealing with the legality of secondary boycotts. The case centers on whether labor organizations’ use of banners and a 12-foot inflatable rat nicknamed Scabby on neutral land constitutes coercive conduct against a neutral third party, which the National Labor Relations Act prohibits.
• Amicus Brief Filed on Contract Bar Doctrine - On October 7, CDW filed an amicus brief in Mountaire Farms, a case dealing with the NLRB’s contract bar doctrine, which bars representation elections for employees covered under a collective bargaining agreement until either the agreement expires or three years have passed. The Board requested amicus briefs in July on whether it should rescind, retain or modify the current doctrine.
• CDW to File Comments on Department of Labor Union Reporting Proposal - DOL published a Notice of Proposed Rulemaking (NPRM) with proposed changes to the annual financial disclosure form (LM Form) that labor organizations are required to file under the LMRDA to report their financial conditions and operations. The updated form would collect additional information for members, DOL, and the public to use to analyze the financial activities of labor organizations. Additionally, the NPRM also creates a new Form LM-2LF (LF stands for "Long Form”) for the largest labor organizations - those with annual receipts of $8 million or more. These entities would be required to report additional information.
• NLRB Division of Judges releases its 2021 Bench Book - Updated for 2021, it incorporates Board and court orders over the past year. You can access the Book here.

We expect legislative action on the Protecting the Right to Organize (PRO) Act during the first session of the 117th Congress. This legislation contains a wide array of anti-business policies that NRMCA has a long history of advocating against, including the Blacklisting Rule, the Joint Employer standard and the quickie elections rule. NRMCA will continue to work in concert with the Coalition for a Democratic Workplace to oppose this harmful legislation.

For more information, contact Andrew Tyrrell at atyrrell@nrmca.org.