The Issues

During the last administration the National Labor Relations Board’s leadership made dozens of hasty and ill-conceived changes to well-established labor law. The Board issued rules and decisions that overturned 4,559 years of precedent and upended labor relations. These efforts by the Board represented an all-out effort to increase the number of dues-paying union members without regard to the negative impact the Board’s actions would have on employees, employers, and the economy.

Five actions were particularly destructive for employees, employers, and the economy:

  • limiting employees’ access to information on the possible downsides of unionization generally or the specific union trying to organize that workplace;
  • allowing unions to access workers’ personal information and violate businesses’ property rights;
  • disenfranchising employees who oppose unionization by allowing union organizers to gerrymander bargaining units into “micro-unions”;
  • attacking small business franchisees, vendors, and subcontractors, because these businesses do not provide the same economies of scale for union organizing as larger businesses; and
  • attempting to erase “independent contractor” status and force entrepreneurs into “employee” status.

CDW fought against these attacks on workers and businesses through litigation, legislation, and the regulatory process. CDW will continue its work to advance policies that protect the rights of employees, foster the American Dream, and strengthen the economy.

  • Ambush Elections Rule

    On December 12, 2017, the NLRB issued a Request for Information (RFI) on the “ambush” election rule that the Board issued under prior leadership. On April 18, 2018, CDW filed comments on the RFI, urging the NLRB to restore reason to the representation election process and protect the rights of employers and employees alike.

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  • Joint Employer

    On January 28, CDW was joined by nearly 90 organizations in comments filed in response to the NLRB’s September 2018 notice of proposed rulemaking containing proposed changes to the joint-employer standard under the National Labor Relations Act. The proposal would reinstate the traditional standard and reverse the Board’s confusing 2015 Browning-Ferris Industries decision.

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  • Independent Contractors

    At the end of 2017, the NLRB’s General Counsel Peter Robb took steps to undo actions undertaken by his predecessor to drastically change the interpretation of independent contractor status in the workplace. Furthermore, on January 25, 2019, the Board clarified application of the test it uses to evaluate independent contractor status in SuperShuttle DFW, Inc.

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  • Micro-Unions

    On December 15, 2017, the NLRB issued its decision in PCC Structurals rescinding the 2011 Specialty Healthcare decision and reinstating the traditional standard for determining appropriate bargaining units.

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  • Protecting the Right to Organize Act

    On May 2, Democrats in Congress introduced the Protecting the Right to Organize (PRO) Act, H.R. 2474 and S. 1306. This radical legislation includes provisions that would: strip away workers’ free choice in union elections as well as their privacy rights; codify into law the NLRB’s controversial Browning-Ferris Industries joint-employer standard that has threatened our […]

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