The Wall Street Journal: Trump’s Appointees Are Restoring Reason to the NLRB

Posted on February 1, 2018

“If you pay attention to politics, you might have heard about the regulatory reforms undertaken by the Education Department or the Environmental Protection Agency. But few have noticed the quiet transformation at the National Labor Relations Board, which is laying the groundwork for stronger economic growth.

Under the Obama administration, the five-member NLRB radically tilted its decisions to benefit union interests. This created an atmosphere of uncertainty that hampered businesses. But President Trump’s first two appointees to the board, confirmed by the Senate last year, have already begun to restore reason and balance. Once Mr. Trump’s third nominee joins them, Republicans will hold an NLRB majority for the first time in a decade…

A third example is the NLRB’s return to a traditional definition of “joint employment.” The big question here is whether a fast-food chain can be held responsible for the workers paid by a local franchisee. In the past, a liable party needed to have “direct and immediate” control over the employees—for instance, the ability to set pay and hours. But in 2015 the NLRB expanded that to include “indirect or unexercised control.” As a result, McDonald’s Corp. potentially could be held responsible for labor violations at any franchise location, even if it has no interaction with the employees there.

Fortunately, the NLRB returned to the old standard in a December ruling.”

You can read the full article here