On March 18, the Coalition for a Democratic Workplace, along with the U.S. Chamber of Commerce and the National Retail Federation, filed an amicus brief before the U.S. Court of Appeals for the 9th Circuit in Macys v NLRB. In our brief, we emphasize that the Board’s Thryv decision and its effort to expand the remedies it awards to employees exceed the Board’s statutory authority and is at odds with the Constitution.

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

“The Board continues to disregard the clear legal limits of its authority and in doing so is wasting government resources and dragging parties through unnecessary and costly litigation. In the current situation, the Board’s decision also undermines employer’s statutory right to rely on lockouts in labor negotiations.”