Late last week, the Senate Health, Education, Labor, and Pension (HELP) Committee with a 14-9 bi-partisan vote advanced Lori Chavez-DeRemer’s (LCD) nomination for Secretary of Labor out of committee to the Senate floor (Deputy Sec. designee, Keith Sonderling, is also expected to receive a positive committee vote on March 6th). During the confirmation hearing, a number of issues were raised including questions on the joint employer standard, collective bargaining, and OSHA’s worker walkaround final rule, among other topics. Not surprisingly the candidate, Chavez-DeRemer, gave general answers without delving too deeply into the matters. A few of the more pertinent ones to our members and A/E/C industry include the following:
OSHA Worker Walkaround
When asked for her view of the worker walkaround rule and whether she would commit to withdrawing it if she is confirmed, LCD responded that, if confirmed, she will work with experts at DOL, stakeholders, and the public to review worker safety regulations. She said her goal will be to uphold the highest standards of occupational safety, prioritizing the well-being of workers while being clear, practical, and achievable for employers. She promised that DOL’s approach will also align with the President's America First Agenda. When asked whether she would commit to not appealing the court’s ruling if the rule is struck down in litigation, she committed to working closely with those in DOL and at the Department of Justice to determine the best path forward.
PRO-Act Proposal (changes to secret ballots / worker privacy)
The nominee provided the same answer to two questions regarding secret ballot elections. The first asked whether she supports workers’ rights to a secret ballot election and opposes forcing “card check” on workers. The second asked whether she believed that secret ballot votes are more reliable indicators of employee choice rather than pressuring workers for card check signatures. She responded that she believes all Americans have a right to secret ballot elections during unionization and presidential elections. She highlighted that the right to join – or refrain from joining – a union is a deeply personal decision and that secret ballots protect workers from undue employer and union influence.
On a similar matter dealing with privacy, when asked if she believes it is fair that employers must turn over employee private information to unions, the nominee responded that the matter falls under the purview of the NLRB.
Joint Employer / Franchising
When asked questions regarding the appropriate definition of a joint employer, the future of the “joint employer” standards, and the importance of protecting franchising as a business model. The Secretary designee, Chavez-DeRemer provided similar responses stating in part: (a) as a small business owner, she supports policies that help create and protect small businesses including the franchise business model, (b) she highlighted that DOL must ensure that employers receive clear guidance on their obligations and potential liability, and (c) she is committed to advancing President Trump’s America First Agenda with regard to these matters.
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