Reining in the top federal labor regulatory agencies should be a top priority for the new Congress. The National Labor Relations Board, created by Congress during the New Deal Era 80 years ago, was meant to act as an impartial arbiter who represents the public interest in labor disputes. But now the NLRB is too partisan and favors labor unions over workers themselves.

Congress should start by retooling the structure of the NLRB. The board’s five-member structure means a single party — the party of the sitting administration — always has a majority. Laws function at the whim of the majority, and labor rules flip-flop every time a new party takes the White House. For example, the NLRB has overturned precedent related to when one employer is held liable for labor violations of another company they contract with, the size and scope of a union bargaining unit, and union use of employer’s email systems.