CDW Files Brief Calling Out NLRB for Trying to Eliminate Secret Ballot Union Representation Elections

Washington, DC – On February 9, CDW along with several other employer organizations filed an amicus brief before the US Court of Appeals for the Ninth Circuit in Cemex v NLRB, a case in which the NLRB rewrote the rules for union representation elections in a manner that will make card check the default way for determining union representation. CDW’s brief explains that the new procedures violate Supreme Court precedent, ignores Congressional intent, exposes workers to intimidation and harassment, and violates their right to a private ballot.

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

“The Cemex decision has upended the union representation process. Instead of workers voting via a private ballot on whether they want to unionize, unions can now coerce, intimidate, and lie to workers to get them to sign authorization cards with no guarantee that a secret ballot election will ever be held. The Board pursued this policy despite the Supreme Court, federal appeals courts, and Congress all clearly stating that the secret ballot process is the only method that gives workers the privacy they need to truly vote their conscience on such an important issue.

“With this ruling, the Board has made it clear they do not want to protect workers’ privacy. They do not want a fair and level playing field during unionization campaigns. They want to tip the scales in favor of unions at any expense, including the rights and wellbeing of workers.

“The Board’s Cemex decision should be set aside, and secret ballot elections should be protected at all costs.”


The other organizations that joined the brief were Associated Builders and Contractors, Associated General Contractors of America, American Hotel & Lodging Association, American Trucking Associations, US Chamber of Commerce, FMI – The Food Industry Association, HR Policy Association, Independent Electrical Contractors, International Foodservice Distributors Association, International Franchise Association, National Association of Manufacturers, National Association of Wholesaler-Distributors, National Federation of Independent Business, and National Retail Federation.