South Michigan News

On June 5, 2023, Congressman Tim Walberg (MI-05) introduced the NLRB Reform Act and the Workforce Democracy and Fairness Act to restore fairness in the workplace. The Workforce Democracy and Fairness Act would push back against the NLRB’s activist agenda and protect employees' free choice and employers' free speech. The NLRB Reform Act would rein in the unchecked authority of the NLRB, limit politicization, and ensure that the NLRB decides cases in a timely manner. 

“The National Labor Relations Board was initially created to serve as an unbiased judge in labor disputes and protect worker free choice,” said Rep. Walberg. “Unfortunately, under the Biden Administration, the NLRB has become hyper-partisan, prioritizing the special interests of union bosses and creating uncertainty for employers and employees. Together, these two essential bills will restore balance and fairness in the workplace by putting limits on the NLRB’s unchecked authority and advocacy.”

Background on NLRB Reform Act

In recent years, the NLRB has put partisan interests over issuing fair decisions, exceeding their statutory authority. Their partial decisions have created confusion for employers, employees, and unions and have threatened American jobs. Furthermore, last year, 30% of the board’s caseload had been pending for more than a year, providing uncertainty for all involved parties.

The NLRB Reform Act would ensure that the NLRB serves as an umpire, not an advocate, and encourage timely decision-making for cases. Specifically, the bill would:

• Increase the number of NLRB board members from five to six members and require that three members represent each of the two major political parties
• Require a majority of four members to constitute a quorum
• Authorize any party subject to a complaint issued or authorized by the general counsel to seek review of the complaint in federal district court within 30 days
• Provide new discovery rights for involved parties
• Allow either party in a case to appeal to a Federal Court of Appeals if the NLRB fails to decide a case within 1 year

Background on Workforce Democracy Act

On May 23, the Committee on Education and Workforce held a hearing that underscored the need for Congress to foster policies that enhance choice and cohesive work environments for workers and employers.  The National Labor Relations Board (NLRB) was established to maintain the balance Congress established in the law, protect workers' free choice, and serve as an unbiased judge over labor disputes. However, under the Biden administration, the NLRB has been focused on tilting the scale in favor of union leaders. 

The Workforce Democracy and Fairness Act takes appropriate steps to restore balance and fairness in the workplace. The bill would: 

• Codify reasonable NLRB election procedures that provide a level playing field between unions and employers
• Reinstate the traditional standard for determining which employees will vote in the union election
• Establish an appropriate balancing test for settling disputes regarding employer handbook policies, which ensures employee rights are maintained while fostering a harmonious work environment

Congressman Walberg serves on the House Education and the Workforce Committee. For more information on Walberg's work in Congress visit walberg.house.gov. 

Original source can be found here.