Biden Vetoes House Republicans’ Resolution Against Labor Board Bargaining Rule

The president reiterates his claim to the title of ’the most pro-union, pro-worker President in American history.’
Biden Vetoes House Republicans’ Resolution Against Labor Board Bargaining Rule
U.S. President Joe Biden arrives to speak at the International Brotherhood of Electrical Workers (IBEW) Construction and Maintenance Conference in Washington on April 19, 2024. Mandel Ngan/AFP via Getty Images
T.J. Muscaro
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President Joe Biden accused House Republicans of “siding with union-busting corporations over the needs of the workers and their unions,” as he vetoed on May 3 a resolution disapproving of a rule enacted by the National Labor Relations Board (NLRB).

President Biden said the rule, called the Standard for Determining Joint Employer Status, would prevent companies from “evading their bargaining obligations or liability when they control a worker’s working condition.”

His veto action comes as his re-election campaign vies for and secures the endorsement of major unions, including North America’s Building Trades Unions and United Auto Workers.
The “Standard for Determining Joint Employer Status,” was finalized on Oct. 27, 2023, and the resolution providing Congressional disapproval was introduced to the House of Representatives by Rep. John James (R-Mich.) on Nov. 9, 2023.

The resolution passed the House 206–177 on Jan. 12 and the Senate 50–48 on April 10.

“Joe Biden just vetoed my bipartisan resolution to end his radical and reckless joint employer rule—a burdensome regulation that hurts our small businesses and franchises the most,” Mr. James announced on May 3 to his followers on X.

“Biden vetoed a resolution to support the American Dream, so Americans should veto Joe Biden.”

The Epoch Times reached out to Speaker Mike Johnson for comment.

The rule set a standard that two or more entities would be considered “joint employers” over a group of employees if they shared or co-determined what the NLRB called “the employees’ essential terms and conditions of employment”

That includes wages and benefits, scheduling, performance management, and hiring.

Entities that possess “indirect control,” such as intermediaries or third parties brought in to handle even one of the conditions, like hiring, are also included in that scope.

In a press release, the NLRB explained that for the purposes of collective bargaining, an entity would be required to bargain over the “essential terms and conditions” it controls as well as “all other mandatory subjects of bargaining” that it has the authority to control.

The president defended this standard in his veto letter, saying: “Without the NLRB’s rule, companies could more easily avoid liability simply by manipulating their corporate structure, like hiding behind subcontractors or staffing agencies.”

The Epoch Times reached out to the Labor Board for further clarification on the scope of this rule.

President Biden ended his letter reiterating his claim to the title of “the most pro-union, pro-worker president in American history.”

“I make no apologies for my administration protecting the right to organize and bargain collectively,” he said.