Apartment Trends Magazine Trends_July2018 | Page 49

otherwise legitimate business practices designed to ensure safe and decent housing for residents; decrease access to capital; and make it difficult to transfer family-owned businesses from one generation to another. Lastly, the letter also directs the committee to research that was released last week by the National Association of Home Builders (NAHB) and the National Multifamily Housing Council (NMHC). This research finds that regulation imposed by all levels of government accounts for an average of 32.1 percent of multifamily development costs. In fact, in a quarter of cases, that number can reach as high as 42.6 percent. NAA/NMHC thought it important to highlight the newly released study for Members of Congress. APARTMENT INDUSTRY OPPOSES LEGISLATION SEEKING TO CODIFY JOINT EMPLOYER RULE AND CARD CHECK NAA/NMHC on June 20 joined the Coalition for a Democratic Workplace to ask Senators to oppose legislation seeking to codify the joint employer rule and card check. The Workplace Democracy Act (WDA), which has been introduced in both the House and Senate, would, among other provisions: Codify the National Labor Relation Board’s (NLRB) Joint Employer Rule: The WDA would codify the NLRB’s joint employer ruling. Joint employer scenarios occur when the supervision of an employee’s activity is shared between two or more businesses. The NLRB’s joint employer ruling means that it can impose joint employer liability when an entity has “indirect” control and “unexercised potential” of control over another entity’s employees. This is a significant change from three decades of business practices applicable prior to its original 2015 ruling in Browning-Ferris Industries of California where entities were designated joint employers when both had “direct and immediate” control over “essential terms and conditions of employment. NAA/NMHC have long argued against because it would hold firms, including apartment firms, liable for fines if their subcontractors, suppliers, vendors and temporary staff violated Federal labor laws. Implement Card Check: The WDA would replace private- ballot union elections with the card check process. This means employees would vote on union representation by signing or not signing authorization cards in front of union organizers and co-workers. NAA/NMHC share the concern that removing the private ballot process could subject employees to harassment and intimidation as they determine whether a union should represent their activities. The WDA has little chance of seeing legislative action this Congress. However, having been introduced by Senator Bernie Sanders (I-VT) and Mark Pocan (D-WI), the measure is currently cosponsored by 16 Senators and 53 Representatives and could see action next year if party control of either congressional chambers switches to the Democratic party. www.aamdhq.org JULY 2018 TRENDS | 47