WASHINGTON, D.C. // MAY 16, 2013 // Today, the Coalition for a Democratic Workplace praised the Third Circuit US Court of Appeals’ decision declaring illegal National Labor Relations Board recess appointments made by President Obama.

The decision in New Vista Nursing and Rehabilitation v NLRB is the second such to deal a blow to the Obama administration. The other, Noel Canning v. NLRB was supported by business organizations, including CDW.

CDW chairman Geoffrey Burr said, “This is yet more evidence the President went outside his constitutional authority and wrongly circumvented the role of the Senate as the administration attempted to stack the deck in favor of organized labor. Simply calling a long weekend a ‘recess’ in order to pack the NLRB was wrong, and so is the President’s effort to renominate those individuals who illegally held posts within the Board.”

Burr concluded, “With two different courts finding the President’s appointments illegal, it is time for him to withdraw his current nominations and provide new, qualified nominees for advice and consent of the Senate.”

WASHINGTON, D.C. // MAY 7, 2013 // Today, the Coalition for a Democratic Workplace lauded the US District Court of Appeals for Washington, DC, which invalidated an illegal National Labor Relations Board (NLRB) rule requiring nearly 6 million businesses to post notices that amounted to little more than advertisements for union membership.

CDW was a party in the case and has been a leading voice for the business and advocacy community on this issue as part of the organization’s overall mission to ensure balanced workplace policy and protect employees’ rights to make informed, coercion-free decisions about association in the workplace.

CDW chairman Geoffrey Burr said, “Employers are gratified the Court has examined the issue thoroughly and arrived at the logical conclusion that the Board veered outside its legal authority and an inappropriate rule has been set aside. The Court has put the NLRB on notice: it must live within the confines of the law.”

Burr added, “CDW and its allies will continue to monitor this issue and prepare for possible further litigation.”

See the decision here.

WASHINGTON, DC // APRIL 11, 2013 // Today, the Coalition for a Democratic Workplace (CDW) lauded the House of Representatives passage of H.R. 1120, the Preventing Greater Uncertainty in Labor-Management Relations Act.

CDW’s membership supports H.R. 1120 because it addresses key employer and employee concerns surrounding the functioning of the National Labor Relations Board (NLRB). Despite several of his recess appointments being ruled unconstitutional by a federal court, President Obama has pushed forward with a set of nominations that are inappropriate to the task of building a functioning Board.

H.R. 1120 would impose much-needed restraint over the NLRB’s unconstitutional quorum by preventing it from issuing further decisions. In addition, the bill immediately ceases enforcement of the invalid Board’s previous decisions, and ensures that such cases will be reviewed and approved by a legitimate panel as soon as one is seated. The legislation preserves workers’ ability to petition for union elections, and NLRB regional offices’ ability to accept and process unfair labor practice charges. Most importantly, the restrictions H.R. 1120 places on the Board are to be removed as soon as the Supreme Court rules in the Noel Canning case, or the Senate confirms a quorum.

CDW is a coalition of more than 600 associations, employers, and organizations in every Congressional district in America. It has filed numerous amici briefs regarding NLRB rules and regulations.

For the last four years, the Obama administration has driven an aggressive rulemaking agenda. Many of these regulations have been promulgated hastily with limited stakeholder input and questionable legal authority. Some of these regulations are in effect now and impacting employers in the field. Many more are slated to go into effect in the next few years, which creates significant uncertainty for businesses. Clearly, this is not an environment conducive to growth.

Read the full testimony here (PDF)

WASHINGTON, DC // APRIL 9, 2013 // Today, the Coalition for a Democratic Workplace issued the following statement on behalf of Chairman Geoffrey Burr in response to reports that President Obama will add nominations that would create a National Labor Relations Board that includes Mark Pearce, Richard Griffin, Sharon Block:

“Today, the President failed workers and employers alike with his insincere proposal to reconstitute the National Labor Relations Board, an important workplace-related federal agency. If the President actually was serious about establishing a functioning NLRB for workers and employers, he would not have nominated Richard Griffin and Sharon Block, who accepted unconstitutional appointments and then chose to remain in those illegal appointments after a federal court vacated their tenure. Ms. Block and Mr. Griffin’s actions have caused unnecessary uncertainty in labor relations and our economy and, as a result, they are not suitable candidates.

“Mark Pearce is an equally unacceptable candidate. Chairman Pearce oversaw the most radical NLRB in history. During his tenure, Chairman Pearce has damaged the Board’s credibility and brought unprecedented uncertainty to labor relations by spearheading unwise policy initiatives, including the notice-posting rule and an unfair ‘ambush election’ rule, both of which have been struck down by federal courts. He has also issued decisions implementing Specialty Healthcare that fragments our workforce with swarms of micro-unions. These efforts have embroiled the NLRB in unnecessary litigation and hindered job growth.

“At this point, the President needs to show he’s serious by withdrawing retread nominees and finding serious candidates who are committed to the law as it is written, not as the President’s supporters in Big Labor would have it read.”