NLRB Rulemaking Agenda Announced

Washington, DC —The rulemaking priorities of the National Labor Relations Board (NLRB) were released today by the OMB’s Office of Information and Regulatory Affairs. The release, based on a submission prepared at the direction of the Chairman, is included in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Long Term Actions/Short Term Actions), which issues twice yearly.

The Unified Agenda discloses that the Board—in addition to proceeding with its rulemaking regarding the joint-employer standard—will consider rulemaking in the following areas:

The Board’s current representation-case procedures.

The Board’s current standards for blocking charges, voluntary recognition, and the formation of Section 9(a) bargaining relationships in the construction industry.

The standard for determining whether students who perform services at private colleges or universities in connection with their studies are “employees” within the meaning of Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 153(3)).

Standards for access to an employer’s private property.

“The Agenda reflects the Board majority’s strong interest in continued rulemaking.” said Chairman John F. Ring. “Addressing these important topics through rulemaking allows the Board to consider and issue guidance in a clear and more comprehensive manner.”

The NLRB issued its Notice of Proposed Rulemaking (NPRM) regarding the standard for determining joint-employer on September 14, 2018. The period for public comment closed February 11, 2019, after the Board had received nearly 29,000 comments. “The Board is pleased with the number of comments we received in response to our proposed joint-employer rulemaking and looks forward to considering each one,” Chairman Ring stated. “The number of comments reflects the public’s strong interest in the Board providing greater clarity in this important area of the law.”

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employers and employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.

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