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January 9, 2023

Biden Administration Regulatory Agenda Includes Two Labor Rules Of Interest To Metals Companies

On January 4, the White House Office of Management and Budget released the federal government’s Fall 2022 Regulatory Agenda. The report, which was two months behind schedule, outlines plans carrying out the Biden administration’s regulatory agenda over the upcoming months and year.

The White House said the report “advances the administration’s ambitious climate and clean energy agenda with ongoing efforts to promote clean air and clean water, improve energy security and efficiency, and help mitigate the dangers of climate change.” The White House also said “The Administration will also continue to enact a whole-of-government approach to make our communities safer and build a more equitable economy that reduces barriers to opportunity, roots out discrimination, and delivers environmental justice to communities across the nation.”

The following labor and employment-related rulemakings may be of interest to MSCI members:

  • The National Labor Relations Board (NLRB) plans to issue its final joint employer rule, which MSCI opposes, in August 2023. As proposed, the new rule would expand the joint employer standard used to determine when two or more entities are jointly responsible for the terms and conditions of employment of a group of employees. Connecting the Dots has reported on this proposal several times. Read more here and read more from MSCI’s partners at the Coalition for a Democratic Workplace here.
  • The NLRB also plans to issue its final election protection rule in August 2023. This rule would: halt union representation or decertification elections if the union alleges the employer committed unfair labor practices until those charges are resolved; eliminate the 45-day window that allows workers to challenge union representation via a secret ballot election if the employer voluntarily recognizes the union based on signed authorization cards; and rescind amendments that required unions in the construction industry to maintain proof of majority support if they want an exclusive collective bargaining relationship that is resistant to challenge.

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