Wednesday, July 24, 2024

What does Project 2025 mean for employers? Labor law edition


Today is the 3rd and final part of my series on what Project 2025 means for employers. Today, I examine its proposed impact on the National Labor Relations Act and union-management relations. (You can find parts 1 and 2 here.)

Project 2025 proposes the following seven key changes to the NLRA:

1. Card Check Union Recognition: Project 2025 would discard "card check" as a means for employees to recognize a union as their bargaining representative, mandating secret ballot elections in all cases.

2. Contract Bar: It would eliminate the "contract bar rule," which prohibits decertification petitions for the first year of a union's recognition or any collective bargaining agreement, and permit employees to file decertification petitions at any time.

3. Contract Negotiations: It would require that collective bargaining agreement negotiations treat federal employment laws and regulations as a default standard for all union contracts, from which both sides can then freely offer concessions to negotiate.

4. Persuader Rule: It would eliminate the Persuader Rule, which requires that employers, lawyers, and consultants file disclosure forms with the federal government about their advice surrounding union activity.

5. 10(j) Injunctions: It would encourage the NLRB to use its injunctive powers more frequently and liberally in retaliation cases.

6. Protected Concerted Activity: It would amend the definition of "protected concerted activity" to allow employers to draft workplace rules that regulate the conduct of all employees, instead of prohibiting garden-variety, facially neutral conduct rules.

7. Employee Involvement Organizations: It would amend the NLRA to permit employees to form worker–management cooperative organizations to facilitate voluntary cooperation on critical issues like working conditions, benefits, and productivity.

There you have it, the potential impact of Project 2025 on the workplace in three parts, explained in 3 parts.

There is so much to understand about this policy outline before you vote in November. For example, Project 2025 would gut the federal civil service and make the employment of tens if not hundreds of thousands of federal employees at-will to serve at the whim of the President. It would also eliminate the Department of Education, require the cataloguing and reporting of all abortions, severely restrict medication abortions, and outlaw pornography.

Do your research and decide if you support this vision of America. Then, vote accordingly.