On March 9, the Coalition for a Democratic Workplace and several other employer organizations filed an amicus brief before the US Court of Appeals for the DC Circuit in SEIU’s flawed lawsuit challenging the NLRB’s joint employer final rule. Our brief explains that the SEIU’s petition should be dismissed for the court’s lack of jurisdiction or denied on the merits.

The following can be attributed to CDW Chair Kristen Swearingen:

“The SEIU’s petition is severely flawed. Their preferred approach to joint employer status would destabilize labor relations across the economy. The NLRB’s joint employer rule, on the other hand, is supported by the common law, provides clarity and predictability to the regulated community, and ensures the appropriate entities are held responsible for the actions they take against their employees. The court should uphold the rule and its common-sense approach to joint employer liability.

“The petition also fails to explain why a federal circuit court should be the first to hear a challenge to the Board’s rule. District courts have original jurisdiction over challenges to NLRB rulemakings, making the SEIU’s decision to file its petition before the DC Circuit baffling. The court lacks jurisdiction to hear this challenge, and the petition should dismissed.”