CDW Asks Court to Side With JFK and Toss Out Unfair Board Rule

Employers Seek Summary Judgment on NLRB Ambush Rule

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