National Labor Relations Board (NLRB) Department of Labor (DOL)

Rescind and revise rules that obstruct collective bargaining, including: 29 CFR §103.20–103.22 — Codified in 2020 under the “Election Protection Rule,” these provisions delay union elections and create unnecessary litigation hurdles. 29 CFR Part 103, Subpart D — Reverse the narrow joint employer standard issued under the Trump-era NLRB and restore the broader 2023 definition holding parent companies accountable where indirect control exists. NLRB guidance rolling back card check and the Joy Silk doctrine — Reaffirm and codify that when a majority of employees sign union cards, employers must recognize the union unless they demonstrate a good-faith doubt.

Rules Limiting Union Election Access and Recognition Standards

Recent regulatory changes made it easier for employers to delay union elections, dodge accountability through subcontracting, and ignore clear union support. These provisions undermine the National Labor Relations Act’s core protections and tilt the process in favor of employers. They must be rescinded to restore fair organizing conditions.

National Labor Relations Board 1015 Half Street SE Washington, D.C. 20570

NLRB: publicinfo@nlrb.gov DOL: WHDComments@dol.gov

In 2020, the NLRB codified election procedures that created delays, litigation windows, and barriers to fast union elections. Employers were empowered to stall the process or pressure workers. In parallel, joint employer rules were rewritten to shield franchisors and parent companies from organizing accountability. Card check and majority sign-up recognition, once enforced under Joy Silk, were abandoned—allowing employers to reject unions even when majority support was clear.

Workers have the right to organize—but recent rules made that right nearly impossible to exercise. These regulations favor employers, obstruct organizing, and silence worker majorities. Rescinding them would restore NLRA compliance and reinforce the NLRB’s mission to protect collective bargaining.

Revised provisions shall: Eliminate election delays and pre-vote litigation windows by restoring the prior election timeline and blocking employer stall tactics (§103.20–103.22). Affirm a joint employer standard that recognizes shared or indirect control over working conditions (Part 103, Subpart D). Codify card check recognition: where a majority of employees sign cards, employers must recognize the union unless they can demonstrate a good-faith doubt.

Marvin Kaplan

Chair, National Labor Relations Board