Labor Relations Insight

by | Oct 27, 2016 | News

by Phil Wilson

Come November…

Election day is (mercifully) just around the corner. While I hesitate to make predictions this election season it looks very much like Hillary Clinton will win the White House and based on everything I’ve read there is a much better than 50% chance Democrats will gain control of the Senate. Barring a complete wipeout in down ballot races it looks like Republicans will maintain narrow control over the House of Representatives. hillary-clinton What do results like this mean for labor professionals? The easiest answer is “more of the same.” That is a safe bet. But if Hillary Clinton manages to pull off a landslide in the electoral college (vey possible) she will be in a stronger position to get at least some legislative work done in her first couple of years. Unlike the Obama Administration, which has had to rely almost exclusively on executive action for the past 6 years, Hillary will most likely come in with a terribly wounded Republican party. Republicans in purple states will be looking for opportunities to distance themselves from the Trump wing of the party. At the same time there will be a civil war within the Republican party over the legislative leadership (and leadership at all levels for that matter). What kind of legislative moves could we expect on the labor and employment front in the first year of a Clinton presidency? Minimum Wage: There will be a huge push for a $15 per hour minimum wage. This will be difficult for vulnerable Republicans to vote against. Equal Pay: One of the pillars of Clinton’s campaign, this will be one of the first pieces of employment legislation offered. Paid Leave: See equal pay. efcaEmployee Free Choice Act: Some version of this will return. It was the number one legislative priority of organized labor the last time Democrats had legislative control. They want it bad. My biggest concern is that they get rid of card check (which is a politically stupid position – that is what killed EFCA last time) and focus on mandatory arbitration of first contracts. That is not only a tougher political problem, but more important it attacks the number one reason people don’t want unions in the first place: they don’t deliver. Watch this close. NLRB: With a Democrat controlled Senate we should see the Board get up to full strength within the first year. You can expect more of the same here. A relentless attack on handbooks, policies, contractor relationships, employment agreements and more. Others to watch include equal time and union access to employer property during campaigns. And I keep saying this so eventually it will be true, but the Board will reinstate the Weingarten rule in non-union workplaces. We will revisit this in more detail after all the votes are cast next month. In the meantime fasten your seatbelt. I am expecting at least a few more October surprises. Trick or treat!

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