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 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 »

CDW: NLRB Proposed “Ambush Elections” Rule Under Further Review

February 5, 2014

Our coalition has successfully fought back against card check and various card-check-lite efforts, of which today’s news is just the latest example. CDW will be reviewing the proposed rule before taking further action

Read more »

Labor Ambush Averted, For Now

December 9, 2013

The Coalition for a Democratic Workplace is pleased to have supported the fight against ambush elections and we are glad to see a boost for workplace fairness

Read more »

Read more press releases »


Obama’s Unfair Union-Election Tilt

March 27, 2014

The president is waging a public-relations campaign about income inequality in this country, but rather than focus on growing the economy and encouraging businesses to hire, this administration has fallen back on stale, bankrupt ideas that don’t help workers achieve more.

The latest is a rule proposed by the National Labor Relations Board to speed up union elections, reduce the time workers have to decide whether or not to join a labor union, and force employers to hand over to union organizers their employees’ private information.

Read more: Washington Times

Republicans, labor experts criticize NLRB for pushing ‘ambush election’ rule

March 6, 2014

Committee Chairman John Kline (R., Minn.) said the NLRB abdicated its role as an objective labor arbiter to impose a pro-union ideology after publishing new unionization guidelines in February that would allow for “ambush elections.”

Read more: Washington Free Beacon

Auto workers in Chattanooga choose freedom over unionization

February 18, 2014

Chattanooga was a test case to see if these international pressure tactics could work on other foreign companies with facilities in the U.S.

Read more: Washington Examiner

Read more news »

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