On September 26, the Coalition for a Democratic Workplace sent a letter to members of the House of Representatives urging their support for Rep. Burlison’s Congressional Review Act challenge to nullify the NLRB’s Representation-Case Procedures Final Rule. The following can be attributed to CDW Chair Kristen Swearingen: “The Board’s Final Rule undermines workers’ rights and eliminates critical […]
Today, President Biden announced a new executive order that result in many workers losing their right to a secret ballot in union representation elections and to be fully informed before deciding if union representation is right for them. The following statement can be attributed to CDW Chair Kristen Swearingen: “With his so-called ‘Good Jobs’ Executive Order, […]
Littler’s Workplace Policy Institute files brief for the Coalition for a Democratic Workplace urging court to grant review of Goldstein v. Professional Staff Congress and reaffirm Constitutional protections against compulsory union representation WASHINGTON (August 22, 2024) – Littler’s Workplace Policy Institute® (WPI®), the government relations and public policy arm of Littler, the world’s largest employment […]
On August 2, Representative Tim Walberg introduced the Worker Enfranchisement Act, which would require a two-thirds participation rate in union representation elections. The following can be attributed to CDW Chair Kristen Swearingen: “The Worker Enfranchisement Act would ensure that workers actually support a union before thrusting union representation on a workforce. Requiring high participation rates […]
On August 1, the Senate Health, Education, Labor, and Pensions Committee voted to advance Lauren McFerran’s nomination to serve another term on the National Labor Relations Board. CDW sent a letter to the Committee earlier this month urging the Committee to reject her nomination. The following can be attributed to CDW Chair Kristen Swearingen: “Chair Sanders chose […]
On July 26, CDW filed an amicus brief before the U.S. District Court for the Southern District of Texas in Energy Transfer v NLRB, challenging the Constitutionality of the structure of the National Labor Relations Board. The brief mirrors CDW’s previous amicus brief filed before the U.S. Court of Appeals for the 5th Circuit in SpaceX. […]
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 […]
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’ […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
On June 13, the Supreme Court issued a unanimous decision reining in the National Labor Relations Board in its use of 10(j) injunctions against employers. The Court ruled that the Board must prove it will likely succeed on the merits of a case before obtaining a 10(j) injunction, forcing the agency to meet the same […]
WASHINGTON, D.C. – A scathing new opinion piece written by the Wall Street Journal Editorial Board examines Chairwoman Lauren McFerran’s tenure as the head of President Biden’s National Labor Relations Board (NLRB) and urges the U.S. Senate to not move on her candidacy to serve another term. Both Republicans and Democrats believe that the NLRB […]
On June 12, the Coalition for a Democratic Workplace and 25 employer organizations sent a letter to the Senate Health, Education, Labor, and Pensions (HELP) Committee and House Education and the Workforce Subcommittee on HELP related to the actions taken by the National Labor Relations Board (NLRB) under Chair Lauren McFerran. President Biden nominated McFerran […]
Biden’s NLRB turns blind eye towards racial slurs used by union members WASHINGTON, D.C. – A new report by the Institute For the American Worker (I4AW) uncovered countless examples of racist and sexist language used in unionization campaigns across America under National Labor Relations Board (NLRB) Chairwoman Lauren McFerran who was just nominated by President Biden to serve another term. The report […]
On May 31, the Coalition for a Democratic Workplace submitted an amicus brief in Home Depot, a case before the 8th Circuit Court of Appeals, to push back against the National Labor Relations Board’s efforts to force employers to permit political activity in the workplace to the potential detriment of the professionalism and safety of […]
On May 23, President Biden announced he will nominate Lauren McFerran to another term on the NLRB in an attempt to hijack the Board and keep it in Democratic control for years into the next presidency. McFerran’s term expires in December of 2024, but Biden has renominated her now to avoid having to push Senators […]
On May 7, 2024, the NLRB appealed the decision by the US District Court for the Eastern District of Texas nullifying the Board’s joint employer final rule to the 5th Circuit. The following statement can be attributed to CDW Chair Kristen Swearingen: “CDW is unsurprised but disappointed that the Board is not recognizing the writing on […]
On May 3, President Biden vetoed HJRes 98, a Congressional Review Act resolution to nullify the NLRB’s joint employer final rule, despite the House and Senate passing the resolution on a bipartisan basis earlier this year. The following can be attributed to CDW Chair Kristen Swearingen: “The CRA would have nullified a rulemaking that massively […]
On April 19, the NLRB announced Volkswagen workers in Chattanooga, Tennessee, voted in favor of union representation. The vote was held via secret ballot in an NLRB-supervised election at the workplace. The following statement can be attributed to CDW Chair Kristen Swearingen: “Secret ballot elections are the gold standard for a reason. They guarantee workers can […]
On April 11, CDW sent a letter to members of the House of Representatives urging them to support the Start Applying Labor Transparency (SALT) Act, which would amend the Labor-Management Reporting and Disclosure Act to require labor organizations register “salts” with the Department of Labor. The following can be attributed to CDW Chair Kristen Swearingen: […]
On April 10, the Senate passed HJRes 98, a Congressional Review Act resolution to nullify the NLRB’s joint employer final rule. The resolution already passed the House, meaning the bill is headed to President Biden’s desk for signature. The following can be attributed to CDW Chair Kristen Swearingen: “The NLRB’s final rule was a massive expansion […]
Washington, DC – On March 29, the Occupational Safety and Health Administration issued a final rule allowing unions and other third parties, potentially with an agenda against the employer, to participate in OSHA inspections. The following statement can be attributed to CDW Chair Kristen Swearingen: “OSHA’s final rule allows individuals with an agenda against the employer […]
Washington, DC – On March 21, Congressional appropriators released the minibus for FY25 that includes funding for the National Labor Relations Board. The minibus provides the NLRB with the same funding levels as it received in FY24 and includes the long-standing policy rider that prohibits the Board from implementing electronic voting in union representation elections. […]
Washington, DC – On March 14, CDW sent a letter to House and Senate appropriators urging them to protect secret ballot elections in union representation elections by maintaining a bipartisan policy rider that prohibits the NLRB from implementing electronic voting in representation elections. The letter also urges Congress to condition any increase in NLRB funding on […]
On March 8, the District Court for the Eastern District of Texas invalidated the NLRB’s joint employer final rule, finding it too broad and in violation of the NLRA. As Judge Barker stated, the rule “would treat virtually every entity that contracts for labor as a joint employer because virtually every contract for third-party labor has […]
On February 28, CDW and several other employer organizations filed a motion before the Supreme Court in Starbucks v McKinney, a case considering the criteria the NLRB must meet to seek Section 10(j) injunctive relief under the National Labor Relations Act. The motion requests the Supreme Court reverse a 6th Circuit decision and clarify the […]
Washington, DC – On February 9, CDW along with several other employer organizations filed an amicus brief before the US Court of Appeals for the Ninth Circuit in Cemex v NLRB, a case in which the NLRB rewrote the rules for union representation elections in a manner that will make card check the default way for […]
Washington, DC – On February 6, 2024, CDW sent a letter to the Senate Health, Education, Labor and Pensions Committee and House Education and the Workforce Committee calling on them to use their oversight authority to question the National Labor Relations Board and the Board’s General Counsel about the current tension and inconsistencies their actions […]
Washington D.C. – On December 12, CDW sent a letter to the House Education and the Workforce Committee in support of the Employee Rights Act (ERA) (H.R. 2700), Modern Worker Empowerment Act (H.R. 5513), and Save Local Business Act (H.R. 2826). The bills would protect workers, entrepreneurs, and small businesses from the biases and misinformed […]
Washington, DC – On December 8, 2023, the Coalition for a Democratic Workplace, in conjunction with the U.S. Chamber of Commerce, National Federation of Independent Business Small Business Legal Center, Inc., and National Retail Federation filed an amicus brief urging the 3rd Circuit to hold that the National Labor Relations Act precludes the award of […]
The Coalition for a Democratic Workplace (CDW) released the following statement in response to the US Court of Appeals 5th Circuit’s decision to grant Tesla’s petition for review and deny the National Labor Relations Board’s (NLRB) application for enforcement in Tesla v NLRB. CDW filed an amicus brief in the case. Tesla requires its employees […]
On November 9, the Coalition for a Democratic Workplace (CDW), along with the U.S. Chamber of Commerce, American Hotel and Lodging Association, Associated Builders and Contractors, Associated General Contractors of America, International Franchise Association, Longview Chamber of Commerce, National Retail Federation, National Association of Convenience Stores, Restaurant Law Center, Texas Association of Business, and Texas […]
Washington, DC – On November 7, 2023, the Coalition for a Democratic Workplace filed an amicus brief urging the U.S. Supreme Court to review an appellate court decision in Starbucks Corporation v. NLRB. Courts normally require parties seeking preliminary injunctive relief to demonstrate they are likely to succeed on the merits in the case. In […]
On October 26, the NLRB released its final rule on determining joint employer status under the NLRA, which would radically expand the joint employer standard under the NLRA. By explicitly stating that either possessing the authority to control one or more essential terms and conditions of employment (regardless of whether it is exercised) OR exercising […]