On July 26, the NLRB issued its misnamed “Fair Choice – Employee Voice” final rule eliminating worker protections in union representation elections.
The following can be attributed to CDW Chair Kristen Swearingen:
“The Board’s final rule eliminates common sense measures that protect workers’ right to decide for themselves if they want union representation in the workplace. The rule forces employees into unions they may not want and makes it more difficult for employees to decertify unions that no longer have support from the workforce. These policies undermine employee free choice, and Congress and/or the courts should move to nullify them.”
On July 25, the Coalition for a Democratic Workplace and 40 employer organizations sent a letter to the Senate HELP Committee urging they reject Lauren McFerran’s nomination to serve another term as Chair of the National Labor Relations Board due to the Board’s mismanagement and malfeasance under her leadership, her extreme policy agenda, and Senator Sanders’ decision to break with long-standing precedent and not hold a confirmation hearing on her nomination.
The following statement can be attributed to CDW Chair Kristen Swearingen:
“Under Lauren McFerran’s leadership, the NLRB has been the subject of an Office of the Inspector General report finding ‘gross mismanagement’ and a ‘lack of candor,’ condemnation from federal courts, bipartisan and bicameral rejection of Board rules, and numerous press reports and editorials highlighting the agency’s failures. This is not a typical nominee, and she should not sail through the confirmation process without answering a single question about her abilities to lead this highly impactful agency.
“The Biden administration is attempting to hijack the NLRB for years into the next administration, and Senator Sanders is rushing through the nomination to aid in that effort. The Senate has held confirmation hearings on every nominee to Chair the NLRB since 2012, but Sanders is intentionally blocking Senators from having an opportunity to question McFerran on her troubling tenure. The Senate should reject Lauren McFerran.”
On July 22, CDW filed an amicus brief with several other employer organizations in Alphabet Workers Union v NLRB, a case before the US Court of Appeals for the DC Circuit in which the NLRB is attempting to expand the joint employer standard beyond its statutory authority.
The following can be attributed to CDW Chair Kristen Swearingen:
“The NLRB is once again attempting to expand the joint employer standard beyond what is tolerated by the law. The agency is trying to blur the lines between routine contracting relationships and employment relationships in an attempt to give unions access to new members, despite the fact that this interpretation violates the National Labor Relations Act. CDW hopes the DC Circuit recognizes that the Board’s decision in this case was contrary to the law and cannot be allowed to stand.”
On July 22, the Coalition for a Democratic Workplace filed an amicus brief in support of SpaceX’s lawsuit challenging the Constitutionality of the structure of the National Labor Relations Board.
The following can be attributed to CDW Chair Kristen Swearingen:
“The NLRB, as it currently operates, denies parties access to a jury trial. This is an unconstitutional violation of workers, employers, and unions’ Seventh Amendment rights. CDW urges the 5th Circuit to right this wrong and ensure that no one is denied their due process rights.”
On July 19, the NLRB withdrew its appeal of the U.S. District Court of the Eastern District of Texas’s decision nullifying the Board’s joint employer final rule.
The following can be attributed to CDW spokesperson Ed Egee:
“CDW applauds the decision by the NLRB to withdraw its defense of this unlawful rule. They saw the writing on the wall. The rule could not withstand legal scrutiny.
“If the rule had gone into effect, it would have had devastating consequences for our economy and decimated business models that have fueled the American dream. Congress and the courts already recognized the rule’s inherent flaws, and CDW is glad the Board has finally acknowledged them as well.”
On July 15, the International Brotherhood of Teamsters President Sean O’Brien made a speech at the Republican National Convention.
The following statement can be attributed to CDW Chair Kristen Swearingen:
“Sean O’Brien chose to use his opportunity to speak at the Republican National Convention to give a partisan and divisive speech that targeted specific companies and denigrated workers who do not wish to associate with a union. Despite his smoke and mirrors, Teamsters members, who now are equally as likely to identify as Republican as they are Democratic, may want to look into how much of their dues are spent on left-leaning causes, politicians, and entities.
“O’Brien’s partisan speech included a remarkable comparison. He criticized business coalitions, in which employers work together on various initiatives. Only moments later, he applauded efforts to eliminate Right to Work laws, which ensure workers who do not wish to be union members are not required to join and financially support a union in their workplace.
“What these arguments have in common is their disdain for freedom of association. In O’Brien’s ideal world, all workers would be forced into unions, whether they want to be represented or not, while businesses would be prohibited from joining together to limit the reach of their voice. The hypocrisy is remarkable.
“Unfortunately for O’Brien, and fortunately for the American people, freedom of association is a bedrock of this nation. It is a critical element of our democracy, and it will be defended.”
On July 9, CDW sent a letter to the House of Representatives urging their support for the FY25 Labor, Health and Human Services, Education, and Related Agencies appropriations bill, which includes two critical policy riders that would prohibit the NLRB from using appropriated funds to implement its joint employer final rule and electronic voting in union representation elections. CDW issued a white paper in 2022 highlighting the dangers of electronic and online voting.
The following statement can be attributed to CDW Chair Kristen Swearingen:
“The NLRB’s joint employer rule will have devastating consequences economy-wide, and it will decimate the franchise business model, which has allowed millions to achieve the American dream of owning their own business. Electronic voting would expose workers to intimidation and harassment, provide no security or credibility to the election process, and be extremely costly for the agency.
“The Board chose to pursue bad policy, but Congress is capable of righting the ship. These policy riders are vital to safeguarding the economy and workers’ right to free and fair representation elections. CDW urges the House to pass the Labor appropriations bill with these provisions in tact.”
On July 3, CDW and seven other employer organizations filed an amicus brief with the U.S. District Court for the Western District of Texas in a case challenging the Occupational Safety and Health Administration’s (OSHA) final rule altering the worker walkaround representative designation process. The final rule allows unions and other third parties who have an agenda against the employer to participate in workplace safety and health inspections conducted by OSHA.
The following statement can be attributed to CDW Chair Kristen Swearingen:
“OSHA’s rule violates employers’ rights and forces union representation on workers. It puts OSHA safety and health officers in the impossible position of policing labor disputes, a task they are simply not prepared for. OSHA has grossly strayed from its intended mission with this rule, and CDW hopes the courts take this opportunity to rein in the agency.”
On June 28, the Supreme Court issued its decision in Loper Bright, curbing federal agencies’ authority. The Court overturned prior precedent to eliminate Chevron deference, or the judicial system’s deference to federal agencies to interpret the statutes they are responsible for enforcing. CDW filed an amicus brief in the case.
The following can be attributed to CDW Chair Kristen Swearingen:
“The Supreme Court has rightly recognized that Chevron deference gave too much authority to federal agencies. Agencies like the National Labor Relations Board have taken advantage of this decision to interpret their statutes in radical, expansive ways never intended by Congress. Chevron also allowed the Board to engage in incessant flip flopping on issues with each change of administration, leading to unmanageable uncertainty for the employer community.
“The Court’s new decision will result in more reasonable policies from the executive branch. The judicial system will finally have the ability and responsibility to rein in overreaching agencies like the NLRB to protect the regulated community.”
On June 21, former President Trump announced that Teamsters President Sean O’Brien would speak at the Republican National Convention in Milwaukee.
The following statement can be attributed to Coalition for a Democratic Workplace Chair Kristen Swearingen:
“The Teamsters, and specifically their president, have routinely pursued policies that would harm American workers, Main Street businesses, and the economy at large. O’Brien’s policy priorities include forcing union membership on workers and destroying businesses if they do not cave to his demands.
“Moreover, under O’Brien’s leadership, the Teamsters spent millions of dollars supporting Democratic candidates and an anti-business, anti-worker agenda. A new Center for Union Facts report highlights just how one-sided their spending has been over the years, and this spending comes despite the fact that Teamsters’ members are now just as likely to identify as Republican as Democratic, as the American Survey Center recently demonstrated.
“Allowing O’Brien to take the stage at the Republican National Convention gives credibility to a dangerous policy agenda and a platform to an individual who ignores workers’ rights and opinions. The RNC and former President Trump should reconsider their invitation.”