The Chamber of Commerce launched an ad attacking the National Labor Relations Board Tuesday that will air only in the Washington area. Chamber officials are hoping it will boost their efforts to get members of Congress to roll back recent decisions by the board, which enforces federal labor law.
The 30-second ad slams the NLRB's political appointees for "killing American jobs" through its regulatory overreach. "Tell Congress it is time to rein in the NLRB," it concludes.
The ad comes as the House is getting ready to consider a $153 billion appropriations bill that includes language prohibiting the NLRB from implementing a rule change on union elections.
The bill, which funds the Departments of Health and Human Services, Education and Labor, passed out of committee last month. The full House has yet to take it up.
The ad slams the board for forcing businesses to give unions their workers' home phone numbers and email addresses. That is a reference to a board decision late last year that sped up the process for scheduling union elections, giving businesses less time to react. Republicans have dubbed it the "ambush election rule."
One of the changes was requiring businesses to turn over all employee contact information to the union to aid their organizing efforts, regardless of whether the worker authorized the disclosure.
In March, President Obama vetoed legislation that would have rolled back the election rule, saying that the bill would "undermine a streamlined democratic process that allows American workers to freely choose to make their voices heard."
By attaching it to a spending bill for three federal agencies, Republicans are hoping to make it harder for Obama to reject a second time.
The ad also attacks the board for trying to close a factory that employed 4,000 people and for holding businesses "liable for workers they don't even employ."
The first claim refers to the NLRB's efforts, begun in 2009, to sanction Boeing for opening a new plant in South Carolina. The board argued the move amounted to retaliation against the union that represented Boeing's machinists in Washington state, although the new factory was an expansion and no workers lost their jobs. The complaint was based primarily on the company's statement that strikes in Washington had influenced the decision to locate in South Carolina.
The case prompted loud complaints from business groups and Republican lawmakers, who argued the board was trying to make a business decision to locate in a right-to-work state like South Carolina itself evidence of a labor rights violation. The NLRB complaint was withdrawn after Boeing and the union reached a settlement in 2011.
The ad's last claim refers to the board's ongoing complaint against McDonald's Corp., claiming that it is a joint employer of workers at its franchises even if the franchise is privately owned. The Chamber has warned that could drive many businesses out of franchising altogether rather than face the expanded legal liability.