Message to the House of Representatives Returning Without Approval Legislation Regarding Congressional Disapproval of a National Labor Relations Board Rule Providing a Standard for Determining Joint Employer Status

To the House of Representatives:

I am returning herewith without my approval H.J. Res. 98, a resolution that would disapprove of the National Labor Relations Board's (NLRB) rule entitled "Standard for Determining Joint Employer Status."

Since day one, my Administration has fought to strengthen workers' right to organize and bargain for higher wages, better benefits, and safer working conditions. The NLRB's rule would prevent companies from evading their bargaining obligations or liability when they control a worker's working condition—even if they reserve such control or exercise it indirectly through a subcontractor or other intermediary. If multiple companies control the terms and conditions of employment, then the right to organize is rendered futile whenever the workers cannot bargain collectively with each of those employers.

Without the NLRB's rule, companies could more easily avoid liability simply by manipulating their corporate structure, like hiding behind subcontractors or staffing agencies. By hampering the NLRB's efforts to promote the practice and procedure of collective bargaining, Republicans are siding with union-busting corporations over the needs of workers and their unions. I am proud to be the most pro-union, pro-worker President in American history. I make no apologies for my Administration protecting the right to organize and bargain collectively.

Therefore, I am vetoing this resolution.

JOSEPH R. BIDEN, JR.

The White House,

May 3, 2024.