Today, the Coalition for a Democratic Workplace sent a letter to Senators Mike Enzi (R-WY) and Johnny Isakson (R-GA) and Reps. John Kline (R-MN), Phil Roe (R-TN), and Phil Gingrey (R-GA) commending them on the introduction legislation to demonstrate Congress’s disapproval of the National Labor Relations Board’s unfair ambush election rule.

The coalition’s letter thanks the lawmakers for introducing S.J. Res. 36 and its House counterpart, which the group says “provide for congressional disapproval and nullification of the National Labor Relations Board’s (NLRB or Board) rule related to representation election procedures.”

CDW, which represents over 600 employers, associations and other organizations operating in every Congressional District, is party to a federal lawsuit seeking to block the illegal rule’s implementation. The rule would unfairly tip the scales on behalf of Big Labor bosses by denying employers and employees sufficient time to discuss potential downsides to unionization.

For more information, visit MyPrivateBallot.com

WASHINGTON, D.C. // FEBRUARY 3, 2012 // Today, the Coalition for a Democratic Workplace, along with co-plaintiff U.S. Chamber of Commerce, will file a motion in federal court seeking summary judgment in the lawsuit to overturn the National Labor Relations Board’s illegal “ambush election” rule.

The unfair and unlawful rule would radically change the process for union representation elections, effectively shortening election time frames and limiting employees’ opportunity to hear from employers before making an crucial workplace decision.

In addition to laying out three “fatal flaws” with the Board’s rule, CDW relies on the position of former Senator and President John F. Kennedy, who emphasized that employees need at least 30 days to decide how to vote in NLRB elections. CDW’s motion states:

Based on the legislative history of the 1959 amendments to the Act, it is clear Congress believed that an election period of at least 30 days was necessary to adequately assure employees the “fullest freedom” in exercising their right to choose whether they wish to be represented by a union. As explained by then Senator John F. Kennedy Jr., who chaired the Conference Committee, even in the context of eliminating pre-election hearings, a 30-day period before any election was a necessary “safeguard against rushing employees into an election where they are unfamiliar with the issues.” Senator Kennedy stated “there should be at least a 30-day interval between the request for an election and the holding of the election” and he opposed an amendment that failed to provide “at least 30 days in which both parties can present their viewpoints.”

“Then-Senator John F. Kennedy Kennedy said over 50 years ago that employees need time to hear from both sides prior to an election,“ said CDW Chairman Geoffrey Burr. “That was true then and it’s true now,” continued Burr. “The NLRB rule is unfair to employers and employees, contrary to Congressional intent and needs to be overturned.”

For more information on CDW’s motion or its lawsuit, visit MyPrivateBallot.com

WASHINGTON, D.C. // Today, the Coalition for a Democratic Workplace (CDW), which represents over 600 employers, associations and other organizations operating in every Congressional District, thanked the House Committee on Oversight and Government Reform and Chairman Darrell Issa for holding a hearing on four unlawful appointments by the Obama administration.

On Jan. 4, 2012, President Obama ignored constitutionally established separation of powers and the rules of the U.S. Senate by appointing three individuals, Sharon Block (D), Richard Griffin (D) and Terence Flynn (R), to the National Labor Relations Board (NLRB) during a pro forma session.

CDW Chairman Geoffrey Burr said, “We thank Chairman Issa and the Committee for taking the first step toward to protecting the Constitution and, more immediately, millions of employers and their employees who will face rulings from an illegally constituted federal agency.” Burr added, “The sooner the administration must correct its actions, the better it will be for all involved. In this case, we truly can’t wait.”

The Coalition for a Democratic Workplace is party to a recently filed lawsuit in federal court, in which the organization, along with the National Federation of Independent Business and National Right To Work, contend the validity of recent actions taken by the inappropriately constituted Board.

For more information on the lawsuit, visit MyPrivateBallot.com

Employers File Suit To Block Three Wrongly Appointed Board Members

WASHINGTON, D.C. // JANUARY 13, 2012 // Today, the Coalition for a Democratic Workplace, which represents over 600 employers, associations and other organizations operating in every Congressional District, announced that it has joined with leading employer associations in filing a motion that will seek to block the unconstitutional recess appointments by President Barack Obama of three Members to the National Labor Relations Board.

The motion, available, at MyPrivateBallot.com, reads, in part, that “The Board has lost its quorum due to the expiration of Member Becker’s term and the President’s failure to appoint new Board members with the advice and consent of the U.S. Senate.” In essence, the motion reflects the view that the three individuals recently installed by circumventing the nomination process are not to be recognized as Members.

CDW chairman Geoffrey Burr said, “The motion we filed today is a major step toward overturning the President’s ill-conceived and illegal efforts to ignore the Constitution. This act brazenly violates Constitutionally established separation of powers, all but ensuring that the rogue, anti-business agency continues uninterrupted in its pursuit of silencing the voices of employers in the workplace. Employers take matters before the NLRB seriously, but we take matters of core constitutional questions even more seriously and our action today is just the first step toward holding this administration accountable.”