Congressional Democrats Seek Delay of NLRB Joint Employer Rulemaking

October 12, 2018

The ranking Democrats on the House and Senate labor committees sent a letter to the National Labor Relations Board requesting public hearings on the Board’s proposed joint employer rulemaking, a 60-day extension to the public comment period, and more information justifying the proposal.

Show me the data: The legislators, Sen. Patty Murray (D-WA) and Rep. Bobby Scott (D-VA), say the proposed rule “provides scant research or analysis to justify initiating a rulemaking.”  The letter calls for:

  • The NLRB to provide additional information regarding its joint employer cases over the past three years in “order for commenters to provide meaningful analysis on the rulemaking, including on whether rulemaking is appropriate;” and

  • Peer-reviewed research "demonstrating a causal connection between the Board’s current joint employer standard and the national unemployment rate.”

Rep. Bradley Byrne (R-AL) called the letter's demands “delay tactics.”  He further applauded the NLRB for “working to bring certainty to local businesses of all shapes and sizes across America," and noted, "we need to let the NLRB process move forward.”

Outlook:  The NLRB will likely extend the comment period for the rulemaking to please congressional Democrats who may take control of the House next year and hold hearings on the issue.