CDW Motion in Mental Health Associates Case
Motion for special permission to file Brief Amici Curiae by Chamber of Commerce of America and Coalition for a Democratic Workplace
WASHINGTON, D.C. // FEBRUARY 4, 2015 // Today, the nationwide Coalition for a Democratic Workplace filed a motion for summary judgment in its challenge to the National Labor Relation Board’s ambush elections rule. The rule will shorten time frames for union representation elections from the median of 38 days to as few as 14 days, depriving employers their free speech rights and employees the opportunity to hear from both sides prior to voting and make a fully informed choice. The motion was filed jointly with the Chamber of Commerce of the United States of America, the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management.
CDW legal strategist Joshua Ulman said, “The NLRB’s ‘ambush’ election rule is a flagrant attack on American workers. The Final Rule violates both the spirit and the letter of the National Labor Relations Act and other legal requirements, at the expense of rights that are critical to workplace democracy, such as protected speech and employee free choice.”
Ulman concluded, “The protection of fundamental workplace rights is a critical issue which CDW will continue to fight for on the behalf of employees and employers.”
CDW Seeks Extension for DOL Rulemaking Comment Period
WASHINGTON, D.C. // July 13, 2011 // Today, Coalition for a Democratic Workplace Chairman Geoffrey Burr released the following statement as it filed a request that the Department of Labor extend by 90 days the comment period for its proposed rulemaking, which would create a chilling effect for employers seeking legal counsel when presented with a union organizing drive:
“The Department of Labor is pushing through a rule that would use intimidate to deter businesses—particularly small businesses—from seeking legal counsel. By toeing Big Labor’s line, the president’s political appointees appear so desperate that they may not even allow sufficient time for stakeholders to consult with legal counsel and other experts and fully assess the proposed rule’s impact before commenting. That says everything you need to know about this process.”
WASHINGTON, DC // APRIL 26, 2011 // The Coalition for a Democratic Workplace (CDW) today issued the following statement in response to the release of the National Labor Relations Board’s (NLRB) letter declaring the agency’s intent to immediately sue Arizona and South Dakota over state constitutional provisions requiring secret ballots when employees decide whether or not to join a union. The two states, along with Utah and South Carolina, enacted the constitutional provisions as part of ballot measures last fall. In the letter, the Board states it is only moving forward with suits against Arizona and South Dakota at this time.
“It is astonishing that the Board has once again decided to promote card check – a key component of the widely unpopular and job-killing Employee Free Choice Act,” said Geoffrey Burr, chair of CDW. “This latest move against the voters and workers of Arizona and South Dakota is simply another example of the Board placing the interests of union bosses above those of employees, businesses and the American public.”
“If the government is going to pursue a policy of challenging laws based on federal preemption, it should do so consistently, not just when it promotes Big Labor’s agenda.”
“Unfortunately, it appears that the NLRB’s latest attack is only the tip of the iceberg,” Burr concluded, “as the Board has also threatened to sue both South Carolina and Utah. The NLRB attempt to rob workers of a right to secret ballots by overturning initiatives the voters of South Dakota and Arizona passed by secret ballot elections is sad and ironic.”
About the Coalition for a Democratic Workplace, www.MyPrivateBallot.com
The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union.
Motion for special permission to file Brief Amici Curiae by Chamber of Commerce of America and Coalition for a Democratic Workplace
WASHINGTON, D.C. // APRIL 22, 2011 // Today, the Coalition for a Democratic Workplace (CDW) issued the following statement in response to the National Labor Relations Board’s (NLRB) recent complaint against Boeing seeking to require that the company assemble certain aircraft in its unionized Washington State aircraft production plant rather than its non-unionized South Carolina plant:
CDW Chair Geoffrey Burr said, “The federal government has no right to dictate where a company can or cannot create jobs. The fact that the NLRB is attempting to do so to placate Big Labor’s demands makes this all the more outrageous. This is yet another example of the Board abandoning its proper role as a neutral government agency in order to promote special interest and politically powerful unions at the expense of workers and the economy.”
“According to the Wall Street Journal, Boeing has already ‘created more than 1,000 jobs and has brought around $2 billion of investment to South Carolina.’ As no unionized positions in Washington State have been affected, one has to wonder how the Board can have a role in this matter. The NLRB was already well outside the mainstream of action for the agency’s 70-plus years of history. This latest move to push Big Labor’s agenda at the expense of hundreds of jobs is sure to land the Board outside the mainstream of Americans’ public opinion as well.”
About the Coalition for a Democratic Workplace, www.MyPrivateBallot.com
The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union.
WASHINGTON, D.C. // MARCH 29, 2011 // Today, the Coalition for a Democratic Workplace (CDW) filed a brief requesting that the National Labor Relations Board (NLRB) provide statistical data justifying its plan to reverse over 50 years of established law in order to dramatically change the way unions organize America’s workplaces by allowing “micro unions”.
The employer brief is the latest development in the battle over the “Specialty Healthcare” case in which the NLRB is considering altering rules that would change how appropriate bargaining units are chosen for purposes of union organizing elections. The change could lead to a surge of “micro union” organizing in which union organizers cherry pick supporters and small businesses are left to fend off a swarm of confusing organizing campaigns by multiple unions. This also means that individual employees who oppose joining a union can effectively be bypassed and their voices silenced.
The brief argues that Board failed to analyze its own data or provide any statistical support for its assertion that the current unit determination standard results in “unnecessary litigation and delay.” CDW notes that it was incumbent on the Board to conduct an analysis before proposing a change that would reverse 50 case law and impact nearly 6 million businesses.
CDW chairman Geoffrey Burr said, “The Board’s failure to provide any analysis or legitimate justification for this major policy change is simply irresponsible and smacks of a lack of transparency. This is a major departure from the change sought by President Obama through his Executive Order 13563 intended to move the federal government to make data-driven decisions. The NLRB is failing to meet its obligations to the President, the public, employers, and hardworking Americans.”
About the Coalition for a Democratic Workplace, www.MyPrivateBallot.com
The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union.
CDW Warns of Specialty Healthcare Case Threat To Small Business, Jobs
WASHINGTON, D.C. // MARCH 8, 2011 // Today, the Coalition for a Democratic Workplace (CDW) submitted a brief on what may be the most significant and troubling case before the National Labor Relations Board – Specialty Healthcare and Rehabilitation Center of Mobile and United Steelworkers, District 9, 356 NLRB No. 56 (2010).
At issue in Specialty Healthcare is whether Big Labor may organize by cherry picking groups of workers that support the union without providing many co-workers who may oppose the union an opportunity to vote. Such a ruling would reverse over 50 years of standards for bargaining units.
As a result of the decision, businesses could be forced to bargain with multiple unions for similarly situated employees, with each group of employees having separate wage schedules, benefit packages and work rules. Businesses, workers, consumers and the economy would suffer, as the negative impact on business productivity and competitiveness would be significant.
“What we are seeing is another blatant, politically motivated effort by the NLRB to subvert employee wishes and the framework of the law in favor of forced unionization no matter what the cost,” said Geoffrey Burr, Chairman of CDW. “The fractured bargaining scenarios that would result out of this will be nightmares for everyone involved.”
About the Coalition for a Democratic Workplace, www.MyPrivateBallot.com
The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union.
