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The Issues

CDW works tirelessly to combat efforts by Democrats, both in Congress and at the National Labor Relations Board, to push through dozens of hasty and ill-conceived changes to well-established labor law.

On March 9, 2021, Democrats in the House of Representatives passed the Protecting the Right to Organize (PRO) Act (H.R. 842, S. 420), a legislative wishlist of radical policy proposals that would boost unions at the expense of workers, employers, and the economy. Many of the policies in the PRO Act are reiterations of the countless rules and decisions pursued and implemented by the Obama administration’s National Labor Relations Board, which overturned 4,559 years of precedent during its tenure and upended labor relations. Five of the Obama Board’s actions were particularly destructive:

  • 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 without their consent;
  • attacking franchisees, vendors, and subcontractors, because these businesses do not provide the same economies of scale for union organizing as larger corporations;
  • attempting to erase “independent contractor” status and force entrepreneurs into “employee” status; and
  • disenfranchising employees who oppose unionization by allowing union organizers to gerrymander bargaining units into “micro-unions.”

These actions and the PRO Act represent an all-out effort to increase the number of dues-paying union members regardless of the potential consequences. The policies Democrats are pursuing were rejected by the judicial system, opposed on a bipartisan basis in Congress, and/or withdrawn by the agencies that the prior administration tried to use to implement the policies unilaterally. All of these entities realized the policies violated the law, exceeded the authority granted to the implementing agencies, or would cause serious damage to the American workplace.

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

  • Ambush Elections Rule

    In 2014, the NLRB under President Obama issued an “ambush elections” rule that undermined the mission of the Board to promote efficient, fair, and accurate union representation elections. In order to undo the damages caused by this rulemaking, the Trump-era NLRB issued two Final Rules restoring balance to the election process.

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  • Joint Employer

    In February 2020, the NLRB under President Trump issued its Joint-Employer Final Rule, which reinstated the traditional, decades-old joint-employer standard under the National Labor Relations Act. The Final Rule establishes that an entity can only be a joint-employer if it actually exercises control over the essential terms and conditions of another employer’s employees.

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  • Independent Contractors

    In February 2020, House Democrats passed the Protecting the Right to Organize (PRO) Act, H.R. 2447 (Senate companion, S. 1306). Included among the myriad drastic labor policies within the bill is a provision making it significantly more difficult for a worker to operate as an independent contractor.

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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 March 9, House Democrats forced through the PRO Act. This radical legislation includes dozens of provisions that would violate workers’ free choice and privacy rights, force unions on employees who have voted against such representation, cost millions of American jobs, threaten vital supply chains, and greatly hinder our economic recovery from COVID-19.

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  • Secondary Boycotts

    On March 9, Democrats in the House of Representatives passed the Protecting the Right to Organize (PRO) Act (H.R. 842, S. 420). Among the list of radical provisions amending current labor laws, the PRO Act would rescind all restrictions on secondary boycotts that currently make it unlawful for unions to impose economic injury on “neutral” third […]

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