On May 3, President Biden vetoed HJRes 98, a Congressional Review Act resolution to nullify the NLRB’s joint employer final rule, despite the House and Senate passing the resolution on a bipartisan basis earlier this year.

The following can be attributed to CDW Chair Kristen Swearingen:

“The CRA would have nullified a rulemaking that massively expands the joint employer standard and violates both the NLRA and common law. The rule will create widespread confusion throughout the economy and jeopardize small and franchise work arrangements, which will have a disproportionate impact on many minority-owned businesses. Congress was wise to pass the CRA before the rule could take effect.

“Unfortunately, the Administration does not have the same foresight. Under the rule, unions will be placed in the middle of routine business agreements, labor relations will be destabilized, and every contractual relationship in the economy will be put at risk.

“In vetoing the CRA, the Administration has turned its back on hard-working Americans and business owners instead, playing into the NLRB’s egregious and unprecedented actions.”

CDW released statements on passage of the CRA, the court ruling nullifying the final rule, and the Board’s issuance of the final rule.