On February 11, 2026, the Coalition for a Democratic Workplace, the Independent Work Coalition, American Bakers Association, American Hotel & Lodging Association, American Trucking Associations, Associated Builders and Contractors, Independent Bakers Association, International Franchise Association, International Warehouse Logistics Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, National Retail Federation, New Jersey–New York Foreign Freight Forwarders and Brokers Association, and Small Business & Entrepreneurship Council filed a petition for rulemaking with the National Labor Relations Board urging the Board to use the notice-and-comment process to establish a clear independent contractor standard under the National Labor Relations Act. The petition calls on the Board to issue a new rule based on its 2019 SuperShuttle decision and federal court precedent.
CDW Chair Kristen Swearingen explained, “For too long, policy around the independent contractor standard under the NLRA has swung wildly with each change in administration, creating unnecessary confusion and threatening the livelihoods of entrepreneurs across the country. The regulated community needs policy stability to plan for the future and thrive. That stability can only be achieved with a well-reasoned rulemaking that follows Congressional intent and can withstand judicial scrutiny.”
“Independent contractors play an integral role in nearly every sector of the economy, and the coalition of organizations on this petition for rulemaking demonstrates the broad array of industries concerned about the worker classification standard under the NLRA,” said Independent Work Coalition Chair Katie Farrell. “Federal labor policy should preserve the rights of individuals and businesses who wish to enter into legitimate contracts. The Board should set a clear independent contractor standard that supports entrepreneurs, provides stability for the regulated community, and protects against bona fide misclassification.”
On January 23, CDW and several other employer organizations filed an amicus brief in a case before the US Court of Appeals for the 9th Circuit challenging California’s recently enacted law prohibiting employers from discussing religious or political topics, including unionization, with their employees during mandatory meetings.
The following statement can be attributed to CDW Chair Kristen Swearingen:
“California’s law is a clear violation of the First Amendment. It prohibits employers from engaging in their constitutionally protected right to free speech, simply because the state doesn’t like their viewpoint. This law will silence speech, violating employers’ rights and leaving employees without critical information about their workplace and livelihood. The District Court has already recognized the law’s illegality, and we urge the 9th Circuit to agree.”
On December 4, the Coalition for a Democratic Workplace and 35 employer organizations sent a letter to Majority Leader Thune urging him to quickly schedule a floor vote for Scott Mayer, President Trump’s nominee to serve as a member of the National Labor Relations Board.
The following can be attributed to CDW Chair Kristen Swearingen:
“It is in the best interest of America’s workers and the regulated community to have a fully functioning NLRB, but the Board has been operating without a quorum for nearly a year. Scott Mayer is well-qualified for the position, and we urge Majority Leader Thune to schedule a floor vote and get him confirmed as quickly as possible.”
On November 10, Republicans from the Senate Health, Education, Labor, and Pensions Committee announced a slate of labor reform bills aimed at improving the voice, choice, and rights of workers. The bills would amend labor laws, including the National Labor Relations Act and the Labor-Management Reporting and Disclosure Act of 1959, to revise labor organization election requirements, raise the bar for filing grievances with the National Labor Relations Board, align agency rulings with federal court precedent, and impose stricter transparency rules on unions.
The following can be attributed to CDW Chair Kristen Swearingen:
“The Coalition for a Democratic Workplace thanks Chairman Cassidy and Senators Tuberville, Scott, Blackburn, and Ernst for their sincere efforts to identify and address deficiencies in current labor law to improve the lives of U.S. workers and promote American prosperity. We look forward to working with the Chairman, engaged Senators, and other stakeholders as these bills move through the legislative process.”
On November 6, the U.S. Eighth Circuit Court of Appeals vacated the National Labor Relations Board’s ruling in Home Depot, a case concerning political activity in the workplace to the detriment of professionalism and safety. The NLRB ruled that Home Depot violated the National Labor Relations Act by discharging an employee who refused to remove the letters “BLM” – in reference to the Black Lives Matter movement – from their work apron. The 8th Circuit has now concluded that “the Board improperly evaluated the ‘special circumstances”’ and that the circumstances “justify a prohibition on wearing this kind of message in a customer-facing job at this location during this period of time.” CDW filed an amicus brief in this case.
On October 7, the Coalition for a Democratic Workplace sent a letter to the Senate Health, Education, Labor, and Pensions (HELP) Committee highlighting the business community’s position on various existing legislative labor reforms, including the:
As the letter explains, CDW urges the HELP Committee to “oppose legislation that will infringe on the rights of workers and employers alike, destabilize labor relations, and harm the economy, and instead support legislation that protects workers’ rights and provides certainty to the regulated community.”
On October 2, the Coalition for a Democratic Workplace and 30 employer organizations sent a letter to the Members of the Senate Health, Education, Labor, and Pensions Committee urging their support for James Murphy and Scott Mayer to serve as Members of the National Labor Relations Board and Crystal Carey to serve as the Board’s General Counsel. Our past statement of support for their nominations can be viewed here.
The following can be attributed to CDW Chair Kristen Swearingen:
“All three nominees have proven their deep understanding of federal labor law and would be assets to the Board. It is essential to workers, employers, and the nation that the NLRB be fully functioning and have well-qualified individuals to effectuate the Board’s mission as a neutral arbiter of the National Labor Relations Act. CDW urges the Senate’s swift confirmation of these nominees to restore a quorum to the Board and reestablish balance to the NLRB’s policies and priorities.”
On October 1, the Coalition for a Democratic Workplace and 44 employer organizations sent a letter to the House of Representatives urging that they oppose the Faster Labor Contracts Act, which would impose mandatory arbitration on the private sector and allow the federal government to mandate terms of contracts between unions and companies. CDW previously sent a letter of opposition to this bill to the Senate.
The following can be attributed to CDW Chair Kristen Swearingen:
“We urge members of Congress to oppose the Faster Labor Contracts Act, which could lead, for the first time, to the Federal Government mandating the terms of contracts between unions and companies. The bill threatens the economic viability of companies and jobs, forces contract terms without the consent of employees or companies, and is tantamount to an unconstitutional taking.”
On July 31, the Coalition for a Democratic Workplace submitted comments to the Office of Labor-Management Standards on its proposed rule to increase the filing thresholds for Forms LM-2, LM-3, and LM-4.
The following can be attributed to CDW Chair Kristen Swearingen:
“Forms LM-2, LM-3, and LM-4 are critical tools that provide union members with transparency into their unions’ operations and the ability to hold their unions accountable. At a time when these workers are demanding increased insight into the use of their dues, the government should be cautious about making that transparency more difficult to come by, including through raising the reporting thresholds. Nonetheless, if increases are pursued, OLMS should simultaneously increase transparency elsewhere in the LMRDA to ensure union members continue to have the protections they need.”
On July 22, the Coalition for a Democratic Workplace (CDW) submitted comments to the House Education & Workforce Committee in response to the Committee’s request for public input on possible reforms to the Labor-Management Reporting and Disclosure Act (LMRDA) that would improve union transparency and accountability.
The following can be attributed to CDW Chair Kristen Swearingen:
“Unions increasing rely on sophisticated social media and public relations campaigns, political pressure, and unrealistic promises to fuel their organization campaigns and bargaining negotiation. With all this noise, ensuring union members have access to the information they need to make informed decisions and hold their unions accountable is more important than ever. CDW thanks the committee for the opportunity to weigh in on ways to improve the LMRDA, and we look forward to working with the committee to achieve these goals moving forward.”