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

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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.

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

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NLRB’s McDonald’s Ruling Raising Liability Concerns for Franchise Operators

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Under Democratic President Barack Obama, the U.S. National Labor Relations Board has been taking a stance on workplace relations that has employers, industry groups and Republican lawmakers voicing alarm.

Read more: Insurance Journal

Critics: NLRB Gives Big Labor Another Win

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A National Labor Relations Board (NLRB) ruling released Tuesday could ease unionization at fast food restaurants and imperil the franchising business model.

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McDonald’s ruling ignites business-labor firestorm

The world’s largest fast-food chain promises to fight a National Labor Relations Board decision that it says “changes the rules for thousands of small businesses.”

Read more: USA Today

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