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NCA’s Washington Weekly Update 3-6-23

Situational Awareness
The House and Senate are both in session this week. The House will consider several bills under the suspension calendar and a Congressional Review Act resolution to nullify the recent Waters of the United States rule promulgated by the Environmental Protection Agency (EPA). The Senate will consider nominations.

WOTUS Rule Up In House

This week, the House will consider a resolution under the Congressional Review Act (CRA) that would overturn the EPA’s WOTUS rule that was finalized in January. The CRA is a process for Congress to review regulatory actions and vote to overrule the executive branch. In existence since 1995, it has only been successful a handful of times. The WOTUS rule has been criticized as overly broad in expanding federal jurisdiction of bodies of water. The EPA’s authority under the Clean Water Act is also under scrutiny by the U.S. Supreme Court in the Sackett v. EPA case, in which the court is expected to issue a ruling in the coming months. The WOTUS rule is slated to go into effect on March 20. While the CRA resolution is expected to pass the House, its future is unclear in the Senate and it almost certainly faces a Biden veto. NCA opposed the WOTUS rule, arguing the Navigable Waters Protection Rule adopted under the Trump Administration provided more clarity and certainty. NCA is supporting the CRA resolution and signed letters to Congress urging for its passage.

NCA Presents Amicus Argument in Florida Appellate Court

Last year, NCA filed an amicus brief in an appeal of a Florida lower court ruling that would negatively impact Florida clubs that have or will amend their bylaws. The lower court ruled that bylaws are in effect a binding agreement between the club and members, despite Florida statute allowing for amendment of bylaws. NCA’s attorney for the amicus, Frank Shepherd, himself a former appellate judge, last week presented for NCA before Florida’s new 6th District Court of Appeals. The arguments in the appeal were met with several questions from the three-judge panel. A ruling is expected sometime late spring or summer.

PRO Act Reintroduced in House and Senate

The Protecting the Right to Organize Act (PRO Act) was reintroduced in the House last week. The reintroduced legislation is now named after the late President of the AFL-CIO, Richard L. Trumka. The bill was introduced by House Education and Workforce Ranking Member Rep. Bobby Scott (D-Va.) and Rep. Brian Fitzpatrick (R-Penn.). The Senate counterpart was introduced by Senate Health, Education, Labor and Pensions Chairman Sen. Bernie Sanders (I-Vt.). The Senate version was introduced with 46 cosponsors. The legislation is a comprehensive realignment of labor policy at the federal level. Among its provisions are:

  • Effectively overturn state “right to work” laws.
  • Codify the “ABC test” to deem independent contractors “employees” covered by the NLRA.
  • Limit the ability of employers to contest union election petitions and allow unions to engage in coercive tactics long held to be unlawful.
  • Restrict the ability of employers to obtain labor relations advice.
  • Facilitate union organizing in micro-units.
  • Redefine the definition of “supervisor” to include more frontline leaders as “employees” covered by the NLRA.
  • Change the definition of “joint employment” and force businesses to alter their structures or face liability.
  • Give employees the right to utilize employer electronic systems to organize and engage in protected concerted activity.
  • Prohibit employers from using mandatory arbitration agreements with employees.
  • Force parties into collective bargaining agreements via interest arbitration.
  • Expand penalties for violations of the NLRA.

National Club Conference Early-bird Registration Ends Tomorrow

There’s one day left to lock in the early-bird rate to #ClubConf23, May 7-9 in Chicago. Enjoy exceptional C-suite-level education, valuable networking opportunities and extraordinary social events for the lowest rate possible before prices go up later this week. Claim your spot here.