On August 24, 2023, the NLRB issued its direct final rule reinstating the Obama-era ambush elections rule, which promoted speed of union representation elections at the expense of employees’ right to be fully informed before choosing whether or not they wanted union representation in the workplace.

The following statement can be attributed to CDW Chair Kristen Swearingen:

“The Board once again is tipping the balance of federal labor law in favor of unions and sacrificing the rights of employees and employers to do so. This rulemaking, which the Board  completed without soliciting input from the public, prioritizes the speed of elections over workers and employers rights, violating the most basic responsibilities of the Board.

“Simply promoting speed of elections does nothing to ensure workers are fully informed and violates the due process rights of employers. As dissenting Board member Marvin Kaplan explained, ‘One is left to wonder how much the voters will actually benefit from the requirements that elections be held as quickly as possible when they find themselves exercising this right without fully understanding the arguments concerning representation and the ways in which their vote may affect them.’”