MPB LOGO

Menu

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policies Democrats are pursuing were rejected by the judicial system, opposed on a bipartisan basis in Congress, and/or withdrawn by the agencies that the prior administration tried to use to implement the policies unilaterally.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

    Democrats in Congress are trying to codify the National Labor Relations Board’s (NLRB) 2014 “ambush elections” rule into law. On March 9, Democrats in the House of Representatives passed the Protecting the Right to Organize (PRO) Act (H.R. 842, S. 420), which would make the ambush elections rule the law of the land, infringing on worker and employer rights.

    Read More
  • Joint Employer

    The Biden administration and Democrats in Congress are working to dramatically expand the joint-employer standard under the National Labor Relations Act (NLRA). On March 9, 2021, Democrats in the House of Representatives passed the Protecting the Right to Organize (PRO) Act (H.R. 842, S. 420), which includes a provision that dramatically expands the joint-employer standard, and the NLRB is planning to issue a new proposed rulemaking on the joint-employer standard as early as February 2022.

    Read More
  • Independent Contractor Status

    On March 9, 2021, Democrats in the House of Representatives passed the Protecting the Right to Organize (PRO) Act (H.R. 842, S. 420), which includes a provision making it significantly more difficult for a worker to operate as an independent contractor. The bill does this by imposing the “ABC test,” used to determine if a worker is an employee or independent contractor, into the National Labor Relations Act (NLRA), applying it nationwide.

    Read More
  • Micro-Unions

    On December 7, 2021, the NLRB invited stakeholders to submit amicus briefs in American Steel Construction to determine if the Board should adopt the Obama-era Speciality Healthcare standard used to determine the appropriateness of a petitioned-for bargaining unit in a representation election (or the group of employees the union is attempting to organize). CDW filed an amicus brief in the case.

    Read More
  • Protecting the Right to Organize Act

    On March 9, 2021, House Democrats forced through the Protecting the Right to Organize (PRO) Act, H.R. 2474 (Senate companion, S. 420). 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. The bill boosts union membership at the expense of American workers and small businesses.

    Read More
  • Secondary Boycotts

    On March 9, 2021, 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 parties that are not involved in an underlying labor dispute, such as consumers, companies or other unions that do business with the company involved in the labor dispute.

    Read More