Outten & Golden: Empowering Employees in the Workplace

The lessons of Trump's 'purely reactionary' labor board, this week in the war on workers

September 9th, 2019 | Laura Clawson

The National Labor Relations Board recently gave businesses the go-ahead to misclassify employees as independent contractors. In the wake of that and other horrible decisions, former board member and current AFL-CIO general counsel Craig Becker writes that the NLRB is “the administrative state, remade in Trump’s image.” So how does that look?

Trump’s NLRB is “purely reactionary. It has no vision of how the law should promote healthy and productive labor relations, but seeks only to erase the recent past.” Literally, weeks after starting his job, the agency’s general counsel asked for the files on every major decision of the Obama era so that they might all be overturned. Next, Becker writes, “while Trump claims to speak for American workers, he has staffed the NLRB with longtime frontmen for their corporate employers.” And they’re refusing to recuse themselves from cases in which their former law firms represented employers.

Third, according to Becker, “despite the president’s rhetoric, his NLRB is not deregulating but, rather, selectively regulating—that is, regulating unions but not employers.” Trump’s political appointee is overturning huge numbers of decisions made by career attorneys … when they decide against prosecuting unions. And fourth, “Trump’s NLRB has contempt for procedural norms and fairness.” That means reversing precedent without giving public notice to hear from people who might be affected.

Overall, what this spells out for the NLRB, and for the Trump administration more generally, is that “laws are being used to silence and oppress the very people they were intended to protect—workers, borrowers, consumers.“

This article was originally published at Daily Kos on September 7, 2019. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributor editor since December 2006. Full-time staff since 2011, currently assistant managing editor.. Laura at Daily Kos

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