Blockbuster Filing Could Ambush NLRB Power Grab

CDW Request Could Invalidate Work of Controversial Craig Becker

Following a key legal ruling last week, today, the Coalition for a Democratic Workplace filed a request with the U.S. Court of Appeals that could greatly roll back the impact of President Obama’s most controversial National Labor Relations Board appointee, Craig Becker.

Last week, the Court of Appeals for the District of Columbia ruled that the President overstepped his authority in attempting to pack the NLRB with “recess” appointees, despite the Senate still being in session. The logic of the ruling may well affect a significant portion of the tenure of Becker, which includes a regulation that would replace decades of practice in union-recognition elections with “ambush” elections that deprive employees and employers the opportunity to have a fair discussion.

Indeed, CDW filed the 28(j) motion in question as part of its ongoing litigation to block ambush elections.

“Today’s filing represents a second strong legal argument to overturn the unwise and unfair ambush elections regulation forced through by President Obama and Craig Becker,” said CDW chairman Geoffrey Burr. “The impact on our nation’s labor law could be even broader, as an application of the Court’s recent recess appointment ruling could invalidate decisions going as far back as August 2011.”

CDW is a leading advocate for workplace democracy in the business community and represents over 600 associations, organizations, and businesses. For more information about CDW’s ongoing litigation in the ambush elections case, visit https://myprivateballot.com/litigation/nlrb-ambush-election-lawsuit/

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Press releases

CDW: Time to Stop NLRB’s Supersized Assault on McDonald’s

July 29, 2014

In a move to finally eradicate the last jobs available to millions of Americans, the administration’s handpicked cronies in the NLRB are again circumventing Congress and using inappropriate unilateral executive action to harm employers and employees.

Read more »

CDW: SCOTUS Decision A Victory For Employees, Employers and Separation of Powers

June 26, 2014

CDW was a leader in the legal fight against the administration’s attempt to illegally place nominees to the National Labor Relations Board (NLRB) during a recess of the Senate, which would otherwise provide advice and consent on the process.

Read more »

CDW Comments Seek Fair Labor Board Rules

April 8, 2014

Today, the Coalition for a Democratic Workplace announced it filed comments and empowered grassroots to speak out against unfair rules proposed by the National Labor Relations Board (NLRB).

Read more »

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News

Supreme Court delivers blow to Obama on NLRB appointments, now Congress must act

June 27, 2014

By Rep. Austin Scott, Nathan Mehrens. The Noel Canning decision presents an opportunity to highlight partisan leanings within the NLRB that create uncertainty for employers. One way to limit the harm that they can inflict would be to restructure its functions so that it no longer acts as a quasi-judiciary.

Read more: Fox News

Obama’s NLRB Recess Appointments Deemed Unconstitutional: >100 Decisions Impacted

June 26, 2014

The ruling is of great significance: it invalidates every single decision—of which there are more than a hundred—that the Board handed down from January 2012 through summer 2013 (the period the Board included the three Presidential appointees, before he appointed replacement members that the Senate properly confirmed).

Read more: Forbes

Supreme Court Ruling Forces NLRB to Scramble to Revisit Cases

The Supreme Court ruling that President Barack Obama exceeded his authority in 2012 by appointing three people to the National Labor Relations Board kicks off a scramble by the current board to revisit hundreds of labor decisions made while the now-departed appointees were seated.

Read more: The Wall Street Journal

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