Stop NLRB Overreach!

On September 6, the National Labor Relations Board (NLRB) announced its plan to re-write its joint employer rule, which is the rule that determines whether one company can be declared an employer of another company’s worker(s). This is often most easily understood in the context of a franchisor/franchisee relationship, but in the convenience retailing world, even outside the franchise model, it can also include suppliers and/or contractors. It is critical that convenience retailers reach out to NLRB to oppose the new proposed rule.

If this proposal were to become final, it could put many convenience stores in jeopardy of being declared joint employers of many contracted workers.

  • For example, if a retailer uses a cleaning company (either at corporate offices or in stores) and has the right to determine what time those cleaners can do their work, where they are allowed to work, and/or whether they adequately cleaned the space, the retailer could conceivably be determined to be a joint employer of those workers under this proposal.
  • In another example, a retailer that set the time of day during which fuel or product deliveries could be made, there would be a risk of that retailer being found to be a joint employer under this proposal (especially if those delivery drivers place those items on your shelves for you).

NACS is asking its member companies to submit comments with the NLRB opposing this rule on behalf of their businesses. Your comment letter will help the NLRB better understand the effects that such a broad rulemaking could have on the convenience and fuel retailing industry.

Steps for Submitting Comments to the NLRB – It’s Easy!

  1. Personalize the template letter NACS has prepared for you. Download an electronic copy of our letter (.docx).
    • NACS has left you highlighted, bracketed sections in the letter where you should fill in personal information about your company.
      • Remember to delete these brackets from the final letter!
    • Feel free to further customize your letter. The more varied and personalized the letter, the more powerful it will be.
  2. Save a copy of your letter to your computer.
  3. Send a copy of your letter Margaret Hardin, Grassroots Manager, at Margaret will file your comments on your behalf.