US Chamber of Commerce gets behind new employer-friendly proposals
A new piece of potential legislation, called the Employee Rights Act (ERA), has just been introduced to Congress – and it is being roundly applauded by the US Chamber of Commerce and other employer groups.
The ERA’s stated aims are to achieve a balance between union rights, employee rights, and employer rights in labor organizing by making key changes to labor laws. It contains a number of provisions that proponents say would benefit both employers and employees, while also limiting ‘extreme’ changes in labor policy based on the composition of the National Labor Relations Board (NLRB).
One of the key features of the ERA is the guarantee of a secret ballot representation election overseen by the NLRB, instead of the collection of signature cards. This would allow employees to vote for union representation in privacy, rather than in the presence of labor organizers or their employer.
The proposal aims to end the NLRB General Counsel's efforts to adopt the Joy Silk doctrine, which would force employers to bargain with a union once they receive union cards signed by a majority of their employees. On April 11, 2022, the NLRB's general counsel filed a brief advocating for a change in established precedent, which would compel employers to acknowledge unions as representatives of their employees without allowing employees the chance to vote on union membership through a confidential ballot conducted by the Board.
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