You don’t often hear me say “it is time for government to act”. But it is time to codify what the National Labor Review Board (NLRB) has put back on track in the last months:
- It has eliminated the precedent breaking joint employment rule that said a company that, for example, hires a 3PL is now a joint employer. It is back to an employer being the “direct” controller of the staff. The next group to govern could revert back to “indirect control” and make McDonalds a joint employer and responsible for its franchisees’ staff.
- Also on track, is the elimination of the silly rule that says an employer must prove that a bargaining unit shared an “overwhelming community of interest” with their colleagues. In 2014, the NLRB found that the employees of the cosmetics department of a Macy’s were distinct enough to have their own Micro bargaining unit inside one store. I well recall the problems this caused. For example, demarcation disputes that occurred in New Zealand where one union would strike a factory because another union’s worker flipped a switch. Again, the next group to govern could revert back to this untenable situation.
Please contact your representative to support legislation to keep sanity in labor law.