Congressional Review Act, OSHA and more in Washington DC

By Craig Brightup, TRI Alliance Lobbyist
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Congressional Review Act Resolutions
March saw a flurry of CRA resolutions.  The CRA allows Congress to repeal regulations by simple majorities with resolutions passed to repeal: DC’s Revised Criminal Code (signed by President); DOL allowing retirement plan fiduciaries to use ESG for investment decisions (vetoed); the pandemic emergency declaration (will sign); EPA’s expanded “Waters of the U.S.” per the Clean Water Act (will veto).  Coming is a resolution to overturn President Biden’s 2-year moratorium on tariffs for solar panels ostensibly made in Vietnam, etc., but the Commerce Dept. says are made in China.

Julie Su Nomination for Labor Secretary   
When Labor Sec. Marty Walsh left for the NHL Players Union, President Biden nominated Deputy Sec. Julie Su for the job.  But Su’s push for CA Assembly Bill 5, which is hurting independent contractors, and other actions while CA Labor Sec. overseeing $30 billion in unemployment insurance fraud has her nomination in doubt.  Republicans complained to the White House about her “incompetence” and business groups have launched the “Stand Against Su” coalition.   
   
Protecting the Right to Organize (PRO) Act
Over 200 House Democrats reintroduced the Protecting the Right to Organize Act (now the Richard L. Trumka PRO Act).  It would shift organizing power to the unions but won’t pass in a Republican House.  However, Biden’s National Labor Relations Board (NLRB) and its General Counsel Jennifer Abruzzo are trying to implement the PRO Act through Board decisions, regulations, and high-profile targets.  As such, Sen. Bill Cassidy (R-LA) sent the attached letter to NLRB Chair Lauren McFerran and GC Abruzzo concerning their weaponization of the agency’s enforcement power. 

OSHA and Union Reps
OSHA has a number of consequential rulemakings in the pipeline, and one concerns worker walkaround representation during inspections.  The proposed rule “Worker Walkaround Representation Designation Process” is a redux of a 2013 OSHA Letter of Interpretation to boost union involvement.  Specifically, the LOI said a union representative could join an inspector during an inspection whether the workplace was unionized or not.  The LOI was withdrawn in 2017 but this proposed rule appears written to implement the same policy. 
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For more information, or to become involved on out TRI Alliance Government Committee please visit our website at www.tileroofing.org
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