Coalition for a Democratic Workplace and More Than 225 Business Groups File Brief In Card Check Case

WASHINGTON, D.C. // NOVEMBER 1, 2010 // The Coalition for a Democratic Workplace (CDW) today released a brief signed by more than 225 U.S. business groups urging the National Labor Relations Board to protect employees’ rights to a secret ballot election in union organizing campaigns. The case before the NLRB, Lamons Gasket Company, 355 NLRB 157 (2010), is widely considered a key fight over "card check," which is an essential component of the job-killing and mis-named Employee Free Choice Act (EFCA).

In the amicus brief, CDW and signatories asked the NLRB not to abandon important protections against card check that were established in the 2007 Board decision Dana Corp, 351 NLRB 434. Specifically, CDW urged the Board to preserve employees’ right to petition the NLRB for a secret ballot election within 45-days of unionization through card check. According to CDW’s amicus brief, "Dana’s 45 day notice period provides a narrow but necessary window for employees to test the majority status of a [union recognized through card check]." Without this protection, employees could be denied access to a secret ballot election for up to a year, or possibly more.

"Any effort by the Board to eliminate the 45-day election period is simply an attack on secret ballot elections and true employee free choice," said Brian Worth, chairman of CDW. "Polling has repeatedly shown that American voters—including union households—strongly oppose card check, EFCA and attempts to circumvent the secret ballot."

Worth added, "The broad cross-section of business and industry, representing millions of small business owners from across the country, who signed this brief demonstrates the strong consensus on the need for a federally supervised private ballot when workers are deciding whether or not to join a union."

[PDF Version of Brief]