CDW Submits Motion Requesting NLRB Solicit Amicus Briefs in Cemex

Washington, DC – On May 3, CDW submitted a motion requesting the NLRB solicit amicus briefs in Cemex Construction Materials Pacific, LLC in response to the General Counsel’s request that the Board overrule multiple longstanding and significant Board precedents in the case.

As we explain in our motion, “CDW urges the Board not to seriously entertain the General Counsel’s inappropriate request to overrule these important precedents in the present proceeding, which would threaten the institutional integrity of the Board and violate the statutory mandate to promote stability in labor relations. If the Board intends to consider the General Counsel’s radical proposals in deciding the present case, however, then it should gather input from interested stakeholders by inviting amicus briefs, as it did in the recent cases cited [in the motion]. The NLRB should not move forward with the proposed changes before hearing from the stakeholders who will be directly and significantly impacted by them.”

We also requested the Board provide additional time and allow amici to submit longer briefs than normal due to “the sheer number of cases the General Counsel is calling on the Board to overturn and the breadth of the issues discussed in the General Counsel’s brief.”