Legislative Alert | Labor Law

Letter Supporting the NLRB's Joint Employer Rule

Dear Representative:

On behalf of the 12.5 million workers and 60 affiliate unions represented by the AFL-CIO, I urge you to oppose today’s vote to override President Biden’s veto of the Congressional Review Act (CRA) resolution (H.J.Res.98) that would overturn the Joint Employer Rule issued by the National Labor Relations Board (NLRB) on October 27, 2023.

The NLRB's 2023 Joint Employer Rule replaces the Trump-era regulation, aiming to restrict workers’ rights and impede legitimate organizing efforts. This new rule establishes a reasonable standard based on long-standing common-law principles, ensuring that entities with control over working conditions are recognized as joint employers, vital for National Labor Relations Act compliance and effective collective bargaining.

The claim that the new rule threatens popular business models like franchising and staffing services is unfounded. Its realistic standard extends the obligation to bargain only to those firms that control workers’ essential terms and conditions of employment, without jeopardizing franchise arrangements or staffing firms. It’s a simple principle: with control comes responsibility.

Overriding the veto would not only revert the law to the Trump Board's 2020 interpretation but also impede the Board’s ability to address ensuing uncertainty and confusion, especially given the pending challenge in court. To safeguard workers’ collective bargaining rights, we urge you to oppose any efforts to weaken or nullify the Board's current joint employee rule.

We strongly urge a NO vote on today’s vote to override the President’s veto of H.J.Res.98.

Jody Calemine
Director, Government Affairs