Workforce Freedom Initiative

The Workforce Freedom Initiative is a grassroots mobilization and advocacy campaign of the U.S. Chamber of Commerce to preserve democracy in the American workplace, restrain abusive union pension fund activism, and block the anti-competitive agenda advocated by many labor unions.


The National Labor Relations Board (NLRB or Board) engaged in massive regulatory overreach during the Obama administration.  Rather than acting as an impartial referee, the Board aggressively carried out a one-sided agenda aimed at growing labor unions at any cost.  The agency is badly in need of reform.

There is a long list of policies in need of review by the new administration, a new Congress and new Board members.  Perhaps the most important include:

  • “Micro-unions”: In its Specialty Healthcare decision, the Board threw out decades of precedent regarding what is an “appropriate” bargaining unit. Abandoning the long-established preference for units representing all workers in a class or craft, the NLRB is now rubber stamping virtually any bargaining unit suggested by a union, even “micro” unions made up of just a few workers.
  • Arbitration Agreements:  In D.R. Horton and Murphy Oil, the NLRB has tried to prohibit the use of employment arbitration agreements.  These agreements speed up the resolution of workplace disputes and reduce the need for expensive class action litigation.  However, the Board claims that arbitration agreements violate Section 7 rights to engage in concerted activity.  Such an interpretation of the law is at odds with the Federal Arbitration Act and numerous U.S. Supreme Court decisions. 
  • Redefining “joint employer”:  The NLRB threw out a longstanding standard for determining joint employer status and replaced it with a vague and sweeping definition that makes businesses liable for workplaces they don’t control, and workers they don’t employ.  The Board’s new standard threatens franchise operations as well as employers who have arrangements with subcontractors.​
  • Union “Ambush” Elections: This rule requires employers to turn over to union organizers personal information about their workers, such as phone numbers, e-mail accounts and home addresses.  It also strips employers of their due process rights and makes it harder to respond to a union organizing campaign.  By shortening the time period before an election, it also may prevent employees from getting fully informed about a critical workplace decision like voting for or against a union.

The new administration, Congress, and NLRB have a fresh opportunity to curb the one-sided regulatory overreach by the Obama-era Board.  This is an agency in need of reform and redirection.



Recent Activity

ArticleJul 13, 2017 - 1:30pm

Wisconsin Right-to-Work Law Upheld

The United States Court of Appeals for the Seventh Circuit on July 12 upheld Wisconsin’s right-to-work law...

LetterJul 12, 2017 - 10:45am

Letter on Department of Labor and National Labor Relations Board Nominations

This letter in regard to the nominations of Patrick Pizzella for Deputy Secretary of Labor, and Marvin Kaplan and William Emanuel to be members of the National Labor Relations Board was sent to members of the Senate Committee on Health, Education, Labor, and Pensions.

ArticleJul 05, 2017 - 2:45pm
U.S. Capitol reflected in windows of the visitors center.

House Committee Approves NLRA Reform Bills

The House Committee on Education and the Workforce on June 29 approved three bills to reform federal labor policies...

ArticleJun 30, 2017 - 10:45am

Second Rate Reasoning

In a case currently before the NLRB, an Iron Workers local is challenging the National Labor Relations Act’s prohibition against...

ArticleJun 28, 2017 - 11:00am

White House Submits Emanuel for NLRB

President Trump on June 27 nominated William Emanuel of the law firm Littler Mendelson to serve as a member of the National Labor...

ArticleJun 20, 2017 - 10:00am

White House Taps Kaplan for NLRB, Pizzella for DOL

President Trump on June 19 announced his intent to nominate Marvin Kaplan of the Occupational Safety and Health Review Commission...

ArticleJun 12, 2017 - 4:45pm

Couriered to the Courts

When the National Labor Relations Board (NLRB) issued the Browning-Ferris decision back in 2015, it established an expansive new...

ArticleJun 09, 2017 - 11:45am

Restoring Common Sense to the Workplace

As this blog has noted on many occasions, the Obama-era National Labor Relations Board (NLRB) was one of the more excessive regulators...

ArticleJun 09, 2017 - 11:30am

The NLRB Defines “Available” in Yet Another Slanted Decision

As readers of this blog know, the National Labor Relations Board (NLRB) issued a great number of slanted decisions during the Obama era.  Unfortunately, that trend has continued under the current 2-1 Democrat majority, highlighted by a recent case RHCG Safety Corp.  In it, the Board not only established yet an

Jun 07, 2017 - 12:15pm

Department of Labor Takes Important Step Towards Regulatory Reform

On June 7, DOL withdrew two Obama-era interpretive bulletins covering employee misclassification and the joint employer standard...