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Supreme Court Forces NLRB to Abide by the Law

On June 13, the Supreme Court issued a unanimous decision reining in the National Labor Relations Board in its use of 10(j) injunctions against employers. The Court ruled that the Board must prove it will likely succeed on the merits of a case before obtaining a 10(j) injunction, forcing the agency to meet the same […]

Press Release

CDW Sends Letter to Congress Urging Oversight of NLRB Chair McFerran, Rejection of Her Nomination

On June 12, the Coalition for a Democratic Workplace and 25 employer organizations sent a letter to the Senate Health, Education, Labor, and Pensions (HELP) Committee and House Education and the Workforce Subcommittee on HELP related to the actions taken by the National Labor Relations Board (NLRB) under Chair Lauren McFerran. President Biden nominated McFerran […]

Press Release

REPORT: Biden NLRB Chair Is Tolerating Racism, Sexism in the Workplace and Demanding Employers Do the Same

Biden’s NLRB turns blind eye towards racial slurs used by union members    WASHINGTON, D.C. – A new report by the Institute For the American Worker (I4AW) uncovered countless examples of racist and sexist language used in unionization campaigns across America under National Labor Relations Board (NLRB) Chairwoman Lauren McFerran who was just nominated by President Biden to serve another term. The report […]

Press Release

CDW Submits Brief on NLRB Demanding Employers Permit Political Activity in the Workplace

On May 31, the Coalition for a Democratic Workplace submitted an amicus brief in Home Depot, a case before the 8th Circuit Court of Appeals, to push back against the National Labor Relations Board’s efforts to force employers to permit political activity in the workplace to the potential detriment of the professionalism and safety of […]

Press Release

President Biden Plans to Hijack NLRB for Two years into Next Administration, Renominates McFerran Despite Devastating Tenure

On May 23, President Biden announced he will nominate Lauren McFerran to another term on the NLRB in an attempt to hijack the Board and keep it in Democratic control for years into the next presidency. McFerran’s term expires in December of 2024, but Biden has renominated her now to avoid having to push Senators […]

Joint Employer

NLRB Continues to Stand By Flawed, Damaging Joint Employer Rule Despite Bipartisan Opposition in Congress and Court Nullification

On May 7, 2024, the NLRB appealed the decision by the US District Court for the Eastern District of Texas nullifying the Board’s joint employer final rule to the 5th Circuit. The following statement can be attributed to CDW Chair Kristen Swearingen: “CDW is unsurprised but disappointed that the Board is not recognizing the writing on […]

Joint Employer

CDW Slams President Biden’s Veto of Bipartisan Resolution to Nullify Joint Employer Rule

On May 3, President Biden vetoed HJRes 98, a Congressional Review Act resolution to nullify the NLRB’s joint employer final rule, despite the House and Senate passing the resolution on a bipartisan basis earlier this year. The following can be attributed to CDW Chair Kristen Swearingen: “The CRA would have nullified a rulemaking that massively […]

Press Release

As Volkswagen Workers Vote for Union Representation, Secret Ballot Elections and Robust Debate Must Be Protected

On April 19, the NLRB announced Volkswagen workers in Chattanooga, Tennessee, voted in favor of union representation. The vote was held via secret ballot in an NLRB-supervised election at the workplace. The following statement can be attributed to CDW Chair Kristen Swearingen: “Secret ballot elections are the gold standard for a reason. They guarantee workers can […]

Press Release

CDW Supports SALT Act’s Increased Transparency for Workers

On April 11, CDW sent a letter to members of the House of Representatives urging them to support the Start Applying Labor Transparency (SALT) Act, which would amend the Labor-Management Reporting and Disclosure Act to require labor organizations register “salts” with the Department of Labor. The following can be attributed to CDW Chair Kristen Swearingen: […]

Joint Employer

CDW Applauds Congress for Passing Resolution to Nullify NLRB’s Disastrous Joint Employer Rule

On April 10, the Senate passed HJRes 98, a Congressional Review Act resolution to nullify the NLRB’s joint employer final rule. The resolution already passed the House, meaning the bill is headed to President Biden’s desk for signature. The following can be attributed to CDW Chair Kristen Swearingen: “The NLRB’s final rule was a massive expansion […]

Press Release

CDW Condemns OSHA Rule Allowing Unions to Infiltrate Workplaces

Washington, DC – On March 29, the Occupational Safety and Health Administration issued a final rule allowing unions and other third parties, potentially with an agenda against the employer, to participate in OSHA inspections. The following statement can be attributed to CDW Chair Kristen Swearingen: “OSHA’s final rule allows individuals with an agenda against the employer […]

Press Release

CDW Applauds House Appropriators for Maintaining NLRB Funding, Electronic Voting Rider

Washington, DC – On March 21, Congressional appropriators released the minibus for FY25 that includes funding for the National Labor Relations Board. The minibus provides the NLRB with the same funding levels as it received in FY24 and includes the long-standing policy rider that prohibits the Board from implementing electronic voting in union representation elections. […]

Independent Contractor

CDW Supports Bills to Protect Workers from a Rogue NLRB

Washington D.C. – On December 12, CDW sent a letter to the House Education and the Workforce Committee in support of the Employee Rights Act (ERA) (H.R. 2700), Modern Worker Empowerment Act (H.R. 5513), and Save Local Business Act (H.R. 2826). The bills would protect workers, entrepreneurs, and small businesses from the biases and misinformed […]

Press Release

CDW Files Amicus Brief Urging 3rd Circuit to Hold that the NLRA Precludes Monetary Damages Beyond Backpay

Washington, DC – On December 8, 2023, the Coalition for a Democratic Workplace, in conjunction with the U.S. Chamber of Commerce, National Federation of Independent Business Small Business Legal Center, Inc., and National Retail Federation filed an amicus brief urging the 3rd Circuit to hold that the National Labor Relations Act precludes the award of […]

Press Release

CDW Applauds 5th Circuit’s Decision to Protect Common Sense Dress Code Policies

The Coalition for a Democratic Workplace (CDW) released the following statement in response to the US Court of Appeals 5th Circuit’s decision to grant Tesla’s petition for review and deny the National Labor Relations Board’s (NLRB) application for enforcement in Tesla v NLRB. CDW filed an amicus brief in the case. Tesla requires its employees […]

Joint Employer

BUSINESS GROUP CHALLENGES NLRB’S JOINT EMPLOYER RULE IN COURT

On November 9, the Coalition for a Democratic Workplace (CDW), along with the U.S. Chamber of Commerce, American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, International Franchise Association, Longview Chamber of Commerce, National Retail Federation, National Association of Convenience Stores, Restaurant Law Center, Texas Association of Business, and Texas […]

Press Release

CDW Files Amicus Brief Urging Supreme Court to Set Standards for Labor Board Injunctions

Washington, DC – On November 7, 2023, the Coalition for a Democratic Workplace filed an amicus brief urging the U.S. Supreme Court to review an appellate court decision in Starbucks Corporation v. NLRB. Courts normally require parties seeking preliminary injunctive relief to demonstrate they are likely to succeed on the merits in the case. In […]

Joint Employer

CDW Blasts NLRB for Issuing Final Joint Employer Rule that Will Create Massive Confusion and Threaten Workers’ Economic Opportunity

On October 26, the NLRB released its final rule on determining joint employer status under the NLRA, which would radically expand the joint employer standard under the NLRA. By explicitly stating that either possessing the authority to control one or more essential terms and conditions of employment (regardless of whether it is exercised) OR exercising […]

Press Release

CDW Blasts HELP Committee for Confirming Wilcox without Hearing, Urges Senate to Reject Nomination

Washington, DC – On July 12, the Senate Health, Education, Labor, and Pensions Committee passed Gwynne Wilcox’s nomination out of committee without a hearing, ensuring Senators never had an opportunity to question Wilcox about her troubling tenure on the Board, including overturning long-standing precedent and ignoring the stakeholder community. The following statement can be attributed […]

Press Release

CDW Urges HELP Committee to Hold Hearing on Wilcox Nomination

Washington, DC – On July 11, the Coalition for a Democratic Workplace sent a letter to Chairman of the Senate Health, Education, Labor, and Pensions Committee Bernie Sanders to urge him to delay the committee’s vote on the nomination of Gwynne Wilcox to serve another terms on the NLRB in order to review her record, […]