Tester Statement on Standing with Montana Workers, Voting to Uphold Joint Employer Rule

After standing with Montana’s workers and voting to uphold the new Joint Employer Rule being implemented by the National Labor Relations Board (NLRB), U.S. Senator Jon Tester issued the following statement:

“Montana’s workers show up day in and day out to power our state’s economy, and I’ll always have their backs. I voted to hold large corporations accountable and ensure that workers will have a seat at the table to bargain for a fair wage and reasonable working conditions. At the end of the day, hardworking Montanans deserve the respect to negotiate directly with the company that is calling the shots.”

Today’s Congressional Review Act vote to overturn the new Joint Employer Rule passed on a 50-48 vote, but is expected to be vetoed by President Biden.

Last fall, the NLRB issued a final rule that makes it easier for multiple companies to qualify as joint employers that share liability for labor law violations and legal obligations to negotiate with unions. Specifically, the NLRB’s final rule establishes that, under the National Labor Relations Act, two or more entities may be considered joint employers of a group of employees if each entity has an employment relationship with the employees, and if the entities share or codetermine one or more of the employees’ essential terms and conditions of employment – essential terms and conditions include: pay, scheduling, discipline and supervision, even if it is indirect or not exercised.

“Labor is the backbone of Montana’s economy, and the health and safety of all workers must be protected. The NLRB joint employer rule clarifies who has control over workplace decisions and allows for negotiated remedies through collective bargaining.” said Montana AFL-CIO Executive Secretary Jason Small. “Senator Tester knows that workers standing together creates stronger businesses with better outputs while protecting working conditions and our voice on the job, and we were proud to see him side with labor. Our fight for workers in Montana and across the nation is far from over, but we appreciate Senator Tester’s continued effort on the issue and will be awaiting President Biden’s veto on this resolution that would undercut working Montanans.”

“Corporations should not be allowed to hide behind subcontracting and outsourcing in order to dodge accountability and deprive Montana’s workers of their rights,”said Erin Foley, Secretary-Treasurer of Teamsters Local 2 in Butte. “Thankfully, there are still leaders like Senator Tester that are willing to stand up for working people and defend legislation like the joint-employer rule.”


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