NLRB and Union Relations Beyond 2024 – What Will the Election Bring?
Topics: Legal Information, Union-Management Relations
As we have reported many times, the National Labor Relations Board (NLRB) is a powerful agency that regulates both the union and non-union workplace. However, the NLRB is also a largely political organization that substantially reflects the views of the administration it supports.
For example, when a Republican is in office, the NLRB’s policies and decisions are much more employer-supportive and are largely inconsistent with the union movement. When a Democrat is President, the NLRB shifts to a much more pro-union and pro-organizing position. This is in part because the President appoints the NLRB General Counsel, who acts as the prosecutor and has significant power and discretion to set the policies and positions of the Board. In addition, the President fills the vacant NLRB seats and typically stacks the Board with a 3-2 majority in favor of the positions of the administration. Therefore, the decisions of the five-member board tend to strongly reflect the vision of the sitting President.
We know where Biden stands on union relations. He has announced many times that he is the most pro-union President ever. This author agrees. The first thing Biden did after being inaugurated was fire Trump’s NLRB General Counsel. He did that on the same day of the inauguration. Biden and his NLRB, and its current General Counsel Jennifer Abruzzo, have been consistently aggressive in their decisions and regulations in supporting and easing the ability of unions to organize workers and backing the agenda of the union movement. Biden also marched in favor of the UAW picket line last year. In so doing, he became the first President known to have supported a union strike by physically marching on the picket line.
We also know where Trump stands on union relations issues. His NLRB was very pro-employer and its decisions were hardly sympathetic to union interests. Even though Trump touts himself as a union supporter, his administration and its decisions are oriented strongly against unions and in favor of employers and are quite contrary to those of a pro-union President.
What we do not yet know is exactly where Vice-President and likely Democratic candidate Kamala Harris stands on union relations issues, as she does not have a detailed record or history with issues on labor relations.
However, Vice-President Harris gave us a glimpse on her position last week, when she addressed the American Federation of Teachers (AFT) Union in Houston.
Vice President Harris started off the remarks by referring to long-term AFT President Randi Weingarten as an “incredible friend and adviser.” Later in her remarks, Harris stated that she would sign the Protecting Right to Organize (PRO) Act, a proposed piece of legislation that would amend the National Labor Relations Act to significantly benefit the union movement. While this is not surprising, there are some Democrats in Congress who have come out against the PRO Act, finding that it shifts the balance too much in favor of the unions. Harris also voiced other statements in support of unions, including: “Unions helped build America’s middle class.” and “When unions are strong, America is strong.”
It remains unclear where Kamala Harris stands on all the key labor issues being pushed by the union movement. However, her remarks last week and her announced support for the PRO Act, not surprisingly, make it very likely that, if elected, Vice-President Harris will continue to push the labor agenda in a similar way that President Biden has over the past three and a half years.
Harris and Trump have drastically different views on unions and union-management relations. How exactly this will all play out in 2025 is not entirely clear. However, what is clear is that the near-term future of the union movement after 2024 could go in radically different directions, depending on who is elected this November.
