What Does a Trump Administration and Republican Congress Mean for IEC?

The 2016 election for President of the United States and Congress was no doubt a historic event, and it’s clear that a Republican White House and Congress means a more favorable political climate for policies that affect IEC. However, any proposed changes, repeals, or amendments to policies IEC has opposed over the past four years will take time and will likely face their share of challenges. Some of the negative policies that Republicans may try to address came from rulings by the National Labor Relations Board (NLRB) or regulatory proposals by the Department of Labor (DOL), many of which are currently facing litigation. Attempts to reverse the policies enacted by the NLRB, such as ‘ambush’ elections, persuader and joint employer; or overtime, which was developed through the rule making process by the DOL, will remain difficult. Should a legislative strategy be chosen, Republicans will face a Senate where they do not possess a 60-vote, filibuster-proof majority. While the process to amend rulings made by the NLRB could be just as tough, since it requires adding members to the Board to create a Republican majority and awaiting appropriate cases to rule on and reverse recent interpretations. Finally, a rule making could likely be revisited by the DOL to change the initial overtime rule, but this can be a fairly lengthy process.

The changes that could come the quickest are the ones to reverse policies enacted via Executive Order. It’s possible for a Trump Administration to swiftly repeal through its own executive orders the preference for Project Labor Agreements on government contracts, the Fair Pay and Safe Workplaces order (commonly known as “Blacklisting”), and the mandate requiring all government contractors to provide paid sick leave. Regardless of the challenges, IEC will continue to urge the new Congress and Trump Administration to roll back all of these harmful policies.