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How This New Government Ruling Destroys the Franchise Business Model
The Daily Signal ^ | 08/28/2015 | James Sherk

Posted on 08/29/2015 8:04:06 AM PDT by Rusty0604

The National Labor Relations Board (NLRB) just issued a ruling likely to destroy the franchise business model.

To understand how far-reaching this could be, it should be noted that almost 9 million Americans work at over 780,000 franchised businesses.

From Jiffy Lube to Terminex to Wendy’s, franchises enable many Americans to run their own small businesses without having to design and market everything from scratch. Franchising is a particularly important opportunity for minority entrepreneurs.

Franchises are almost 50 percent more likely to be minority-owned than non-franchised businesses. If this ruling stands, minority Americans won’t get that chance.

The recent ruling will probably force local franchises to give up total control of day-to-day business decisions to their corporate sponsors, turning thousands of investor entrepreneurs who currently own and manage a local business into middle managers in a giant corporate entity.

Until now, the NLRB has always defined an employer as the firm that hires, fires, pays wages, disciplines, promotes, and makes work assignments. That’s just common sense and comports with most Americans’ understanding of whom they work for.

The NRLB is now saying that companies that contract with others firms for services or set quality standards in exchange for brand licensing implicitly influence the other firms’ employees and should be required to bargain collectively with them.

If allowed to stand, this new interpretation will effectively destroy the franchise model of business.

(Excerpt) Read more at dailysignal.com ...


TOPICS: Business/Economy
KEYWORDS: business; labor
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A big blow from the Obama administration to small business and contract law.
1 posted on 08/29/2015 8:04:07 AM PDT by Rusty0604
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To: Rusty0604

Cue Eddie Murphy.

Expect to see variants of “McDowell’s” opening across the fruited plains...


2 posted on 08/29/2015 8:08:55 AM PDT by BlueNgold (May I suggest a very nice 1788 Article V with your supper...)
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To: Rusty0604

The Lawless One is here. He just hasn’t been revealed.


3 posted on 08/29/2015 8:10:33 AM PDT by SubMareener (Save us from Quarterly Freepathons! Become a MONTHLY DONOR!)
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To: BlueNgold

There goes the franchise business. Well I guess the democrats need those labor union donations for the upcoming election.


4 posted on 08/29/2015 8:11:43 AM PDT by Rusty0604
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To: Rusty0604
A big blow from the Obama administration to small business and contract law.

And an even bigger payoff to the big business donors who support this NAZI style government of chosen winners and chosen losers. USA is FOR SALE!

5 posted on 08/29/2015 8:20:39 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Rusty0604
The NRLB is now saying that companies that contract with others firms for services or set quality standards in exchange for brand licensing implicitly influence the other firms’ employees and should be required to bargain collectively with them.

If we follow this train of thought, wouldn't all companies eventually have contacts with the government, thus government could control all wages?

Just a thought.

6 posted on 08/29/2015 8:21:32 AM PDT by mountn man (The Pleasure You Get From Life, Is Equal To The Attitude You Put Into It)
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To: Rusty0604
Any franchise operation with under 50 employees will see all their exemptions disappear if they're reclassified as part of the franchising corporation.

Mandatory Obamacare, wage and overtime regulations, EEO rules, OSHA rules - all kick in while tax breaks for small business disappear...

7 posted on 08/29/2015 8:25:57 AM PDT by ZOOKER (Until further notice the /s is implied...)
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To: Rusty0604

Wow. They are effectively allowing workers in a franchise to seek union representation. Look for the major labor unions to begin recruitment efforts.

We’ve chased off heavy industry, now we are going after the service industry. Socialized Industry here we come.

Fewer jobs, worse service, and you won’t be able to get a job unless you know someone.


8 posted on 08/29/2015 8:30:41 AM PDT by PJammers (Quis custodiet ipsos custodes?)
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To: ZOOKER

Also unionization of their workforce.


9 posted on 08/29/2015 8:32:55 AM PDT by headstamp 2
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To: Rusty0604

We are damn lucky there is a businessman running for the White house.


10 posted on 08/29/2015 8:33:19 AM PDT by Balding_Eagle (The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: mountn man

That is actually not too far fetched.


11 posted on 08/29/2015 8:35:18 AM PDT by Rusty0604
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To: Rusty0604

Rule by fiat, political whim and bureaucracy that equals the operation of government in the Soviet Union in its heyday


12 posted on 08/29/2015 8:35:41 AM PDT by PGR88
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To: Rusty0604

Say hello to the fully automated fast food restaurant.

In an a tinny female electronic voice:

“You want fries with that?”

“Beep”


13 posted on 08/29/2015 8:36:22 AM PDT by buffaloguy
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To: ZOOKER

All is going according to plan.


14 posted on 08/29/2015 8:36:34 AM PDT by Rusty0604
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To: SubMareener

Since our government operates more on precedent rather than law, the next administration, no matter the party, will have the same arbitrary powers.

Our forebears didn’t fight and die to establish an elective despotism.

Elections increasingly serve to give the patina of legitimacy to tyranny.

Yes, the Lawless One is here, and he is ascendant.


15 posted on 08/29/2015 8:37:06 AM PDT by Jacquerie ( To shun Article V is to embrace tyranny.)
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To: headstamp 2

That was the whole goal of the $15 movement.


16 posted on 08/29/2015 8:38:08 AM PDT by Rusty0604
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To: Balding_Eagle

I wonder if he will make any comments on this. A lot of his employees are unionized, if he speaks out against it the unions will run with it to turn working people against him.


17 posted on 08/29/2015 8:40:29 AM PDT by Rusty0604
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To: buffaloguy

In twelve different languages.


18 posted on 08/29/2015 8:41:49 AM PDT by Rusty0604
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To: Rusty0604

I don’t think it will have much effect and will probably be repealed by the next administration without much comment or by Congress who will be told that unless it goes away their careers are over. “You may wish to familiarize yourself with Monster.com Mr. Representative.”

New types of organizations may result but I think this will not work out the way they intend.

It is also a great argument for reducing the NRLB’s budget to about 40% of what it is now. Too much mischief being promulgated by this bureau.

I don’t believe that we have ever had an administration so determined to eliminate jobs as this one. I don’t think they are familiar with the low cost of automation of restaurant operations. McDonald’s has had a working robotic model for twenty years or so and the costs of automation have plummeted.


19 posted on 08/29/2015 8:49:29 AM PDT by buffaloguy
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To: Rusty0604
Franchise owners get the shaft.

They spent their own money to build, provision and staff their place - surrendered some rights to the front office like location, design, what product to sell and what suppliers to use.

Now they lose workforce control, even though they still have to pay their employees. themselves. Does that sound like a good deal?

20 posted on 08/29/2015 8:50:09 AM PDT by ZOOKER (Until further notice the /s is implied...)
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