Blockbuster Filing Could Ambush NLRB Power Grab

CDW Request Could Invalidate Work of Controversial Craig Becker

Following a key legal ruling last week, today, the Coalition for a Democratic Workplace filed a request with the U.S. Court of Appeals that could greatly roll back the impact of President Obama’s most controversial National Labor Relations Board appointee, Craig Becker.

Last week, the Court of Appeals for the District of Columbia ruled that the President overstepped his authority in attempting to pack the NLRB with “recess” appointees, despite the Senate still being in session. The logic of the ruling may well affect a significant portion of the tenure of Becker, which includes a regulation that would replace decades of practice in union-recognition elections with “ambush” elections that deprive employees and employers the opportunity to have a fair discussion.

Indeed, CDW filed the 28(j) motion in question as part of its ongoing litigation to block ambush elections.

“Today’s filing represents a second strong legal argument to overturn the unwise and unfair ambush elections regulation forced through by President Obama and Craig Becker,” said CDW chairman Geoffrey Burr. “The impact on our nation’s labor law could be even broader, as an application of the Court’s recent recess appointment ruling could invalidate decisions going as far back as August 2011.”

CDW is a leading advocate for workplace democracy in the business community and represents over 600 associations, organizations, and businesses. For more information about CDW’s ongoing litigation in the ambush elections case, visit