Yesterday, the House Subcommittee on Health, Employment, Labor and Pensions (HELP) conducted a hearing concerning the National Labor Relations Board’s current agenda. MLA’s own Seth Borden testified at the hearing that the Board could issue rulings in the next several months that would both contradict long-standing precedent and undermine the purposes of the National Labor Relations Act. Specifically, Borden noted that the Board is looking to revisit the existing joint-employer standard, as well as its 2007 holding that employees do not have a statutory right to use an employer’s email system to organize.
“These are cases wherein the current board is looking to discard decades of precedent just to advance a different political worldview,” said Borden. “A system where such longstanding, well-established and fundamental standards are cast aside so casually does not advance the industrial stability which the Act is intended to support.”
The associate general counsel for the AFL-CIO also testified at the hearing, albeit with a more pro-employee bent. He argued that management officials’ concerns over the cases discussed by Borden could be “overblown” and that he expected the Board to “decide these two cases by carefully applying established legal principles.”