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