Employers to NLRB: Show Us The Numbers

CDW Amicus Brief Demands Government Make Data-Driven Policy

WASHINGTON, D.C. // MARCH 29, 2011 // Today, the Coalition for a Democratic Workplace (CDW) filed a brief requesting that the National Labor Relations Board (NLRB) provide statistical data justifying its plan to reverse over 50 years of established law in order to dramatically change the way unions organize America’s workplaces by allowing “micro unions”.

The employer brief is the latest development in the battle over the “Specialty Healthcare” case in which the NLRB is considering altering rules that would change how appropriate bargaining units are chosen for purposes of union organizing elections. The change could lead to a surge of “micro union” organizing in which union organizers cherry pick supporters and small businesses are left to fend off a swarm of confusing organizing campaigns by multiple unions. This also means that individual employees who oppose joining a union can effectively be bypassed and their voices silenced.

The brief argues that Board failed to analyze its own data or provide any statistical support for its assertion that the current unit determination standard results in “unnecessary litigation and delay.” CDW notes that it was incumbent on the Board to conduct an analysis before proposing a change that would reverse 50 case law and impact nearly 6 million businesses.

CDW chairman Geoffrey Burr said, “The Board’s failure to provide any analysis or legitimate justification for this major policy change is simply irresponsible and smacks of a lack of transparency. This is a major departure from the change sought by President Obama through his Executive Order 13563 intended to move the federal government to make data-driven decisions. The NLRB is failing to meet its obligations to the President, the public, employers, and hardworking Americans.”

Download the brief here (PDF)

About the Coalition for a Democratic Workplace,
The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union.