CDW Files Amicus Brief Request with NLRB on Remedies Case

On August 26, CDW, along with several other employer organizations, filed a motion with the NLRB requesting the agency accept our amicus brief in ArrMaz Products, a case in which NLRB General Counsel Jennifer Abruzzo is once again pursuing radical changes to established laws and practices by calling on the Board to penalize employers for utilizing their NLRA-guaranteed right to challenge union election results. Abruzzo’s changes would have a chilling effect on employers, leaving them afraid to exercise their rights under the Act.

CDW’s amicus brief opposes the General Counsel’s motion for summary judgement in the case as well as Abruzzo’s proposed remedy and the concerning precedent it would set. As we explain in our brief, “[Abruzzo’s] radical proposal would require the Board to overturn one of its most longstanding and established precedents, Ex-Cell-O Corp.,” “chill the rights of every employer seeking to petition the courts to review the Board’s certification of a union as the exclusive representative of the employer’s employees,” “violate the Act, the Constitution, and numerous Supreme Court holdings,” and “severely undermine the integrity of the Board on which the regulated community relies to preserve labor relations stability.”

CDW calls on the Board to reject the General Counsel’s proposed new remedy in this case as well as in any other case where she has filed the same or a similar motion.