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May 14, 2018

NLRB Will Continue To Work On Joint Employer, Ambush Elections Rule

The White House released its Spring 2018 Regulatory Agenda last week, which contains agency-by-agency priorities and timelines for regulatory actions in the next 12 months. The Trump administration used the update to reaffirm its goals of advancing broad regulatory reform priorities, which are to:

  • Identify ineffective regulations for revision or repeal;
  • Provide clear and accurate notice of future regulatory and deregulatory actions;
  • Enhance transparency around the Agenda itself (including website updates); and
  • Include more information from independent agencies.

In the agenda, the National Labor Relations Board included as a long-term action item a new proposed rulemaking on joint employer status. The administration did not include any details other than to say it would pursue a revised rule.

The NLRB also provided next steps on its review of the Obama-era ambush election rulemaking. Previously, the NLRB issued a request for information (RFI) on the Obama-era final rule, asking for public input on the effects of the rule and whether the rule should be modified or rescinded entirely. The agenda released last week clarifies that the NLRB plans to review the comments it received until June 2018. The NLRB did not provide any additional details other than that.

Please visit the Coalition for a Democratic Workplace’s website for more information on these rules. The Metals Service Center Institute is a member of the coalition.