CDW Files Comments on NLRB Election Privacy Proposal

Washington, D.C. – On September 28, CDW filed comments in support of the NLRB’s election privacy proposed rule. As our comments explain, the coalition supports the Board’s decision to rescind provisions of its 2014 rule requiring disclosure of employee addresses and phone numbers – provisions that threatened to infringe on employees’ privacy rights and needlessly exposed them to coercion and intimidation. Additionally, CDW’s comments support the Board’s proposal to allow employees engaged in military service to vote via absentee ballots but suggests necessary alterations to provide protections for employers.

CDW Submits Comments on NLRB’s Election Protection Rule

Washington, D.C. – On January 9, CDW and 22 other organizations filed comments in support of the NLRB’s “Election Protection Rule.” In its comments, the coalition applauded the Board’s efforts to improve and clarify its representation case procedures. With its proposed rule the Board is considering three changes:

  • Allowing employees a 45-day window to request a secret ballot election to decertify a union that was voluntarily recognized by an employer based on “card check”;
  • Replacing the current “blocking charge” policy (which halts all union decertification elections if an Unfair Labor Practice Charge is filed against the employer until the charge is settled) with a “vote-and-impound” procedure requiring the decertification election to continue but impounding votes until the charge is settled; and
  • Changing the special rules for the construction industry by allowing employees to demand an election if the agreement between a union and employer has not been certified by majority support.

If adopted, the changes will better protect and preserve employees’ right of free choice in representation elections without disrupting current processes or burdening their right to organize. CDW supports the rulemaking and encourages the Board to formally adopt it.

CDW Submits Letter to House Opposing PRO Act

Washington, D.C. – On Tuesday, June 11, CDW submitted a letter to all members of the House of Representatives signed by 147 organizations from around the country opposing H.R. 2474, the so-called Protecting the Right to Organize (PRO) Act.  As CDW’s Chair Kristen Swearingen explained, “H.R. 2474 attacks the gig economy and franchise business model, both of which have provided new and entrepreneurial opportunities to a diverse group of Americans throughout our country. The bill would also infringe on employees’ rights to privacy and association, destabilize labor management relations, deprive small businesses of access to confidential legal advice, and strip all workers of Right-to-Work protections. H.R. 2474 is in essence a heavy-handed attempt to increase union membership and union revenue streams without regard to American workers, small businesses, entrepreneurs or economy growth. Members of Congress should not cave to special interests and should reject this bill quickly and completely.”

CDW Submits Amicus Brief in UPS v NLRB

Washington, DC – On October 22, the Coalition for a Democratic Workplace, along with eleven organizations representing employers from various industries across the country, submitted an amicus brief in UPS Ground Freight v NLRB. The case is the first challenge before a federal court of appeals to the Obama-era ambush elections rulemaking, which drastically shortened the time period for a union representation election and limited the rights of employees and employers alike. The brief calls on the DC Circuit to grant UPS’ Petition for Review to address the rule’s blatant disregard for employers’ due process rights as well as the Board’s inability or unwillingness to remedy the problems created by the rule. CDW will continue to fight back against the unfair ambush elections rule whenever possible.

CDW Files Comments on Ambush Election RFI

Washington, D.C. – On April 18, over 70 companies, organizations, and trade associations joined comments filed by the Coalition for a Democratic Workplace in response to the National Labor Relations Board’s Request for Information about stakeholders experiences with the 2014 changes to the agency’s election procedures. The changes unnecessarily shortened the election timeframes, depriving employees of important information and employers of due process rights. CDW’s comments asked the NLRB to entirely revoke the 2014 changes – known as the “ambush elections rule” –  and made other suggested improvements to the election process.

CDW Chair Kristen Swearingen said in a statement, “This rule was designed to ambush both workers and employers in an effort to tip the scales in favor of unions at the expense of open debate. The rule degrades the election process by blocking employers’ due process rights and workers’ ability to hear from both sides during an organizing drive. The NLRB now has an opportunity to undo this inappropriate rulemaking and reestablish balance in representation elections. CDW commends the NLRB for seeking public input and looking for ways to protect the rights of workers and the integrity of the election process.”