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 Election 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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  • Persuader

    In June 2017, President Trump’s DOL began the process of rescinding the “persuader” regulation through a new Notice of Proposed Rulemaking (NPRM). In March 2018 DOL submitted a draft final rule to the Office of Information and Regulatory Affairs (OIRA) for review—the final step before the rule is published.

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  • The “Workplace Democracy Act”

    The Workplace Democracy Act would strip workers of the right to secret ballot elections, eliminate protections against forced union membership, interfere with a company’s access to legal counsel and attorney-client confidentiality and make it substantially more difficult for Americans to start their own business or work for themselves.

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  • Private Ballots

    Introduced in 2005, the so-called Employee Free Choice Act, or EFCA, would have replaced secret ballot elections with “card check” as the method for determining whether employees wanted union representation.

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  • The “Workers’ Freedom to Negotiate Act”

    On June 13, 2018, Senator Patty Murray (D-WA) and Representative Bobby Scott (D-VA) introduced the deceptively named Workers’ Freedom to Negotiate Act (WFNA) (S. 3064 and H.R. 6080, 115th Congress). This radical legislation included provisions that would: allow the Board to strip away workers’ free choice in union elections as well as their privacy rights; codify into law […]

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