Washington, D.C. – On February 26, 2018, the National Labor Relations Board (NLRB) issued an order vacating its 2017 decision in Hy-Brand Industrial Contractors, putting the Board’s previous decision in Browning-Ferris Industries (BFI) back in place. BFI drastically expanded the joint employer standard under the National Labor Relations Act and threatened every contractual relationship nationwide. CDW is taking a […]
Washington, D.C. – On January 12, President Trump announced his intent to nominate John F. Ring to be a Member of the National Labor Relations Board. Ring is a partner at the law firm of Morgan Lewis & Bockius and co-leader of the firm’s Labor/Management Relations Practice. If confirmed, Ring will reinstate a Republican majority on the […]
Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor Relations Board (the “Board” or the “NLRB”) would revisit many of the noteworthy decisions issued by the Board during the Obama administration. With Chairman Philip A. Miscimarra’s term expiring on December 16, 2017, the Board issued a […]
Washington, D.C. – On October 18, the U.S. Senate Committee on Health, Employment, Labor, and Pensions (HELP) favorably reported ten of President Trump’s nominations to fill important roles within the Department of Labor, the National Labor Relations Board, the Equal Employment Opportunity Commission, the Department of Education, and the National Mediation Board. In response, the […]
Washington, D.C. – Today, the U.S. Senate confirmed the appointment of Marvin Kaplan for the National Labor Relations Board. In response to the announcement, the Coalition for a Democratic Workplace released the following statement from Chair Kristen Swearingen: “Marvin Kaplan will be a tremendous asset to the National Labor Relations Board. With its balance restored, […]
Washington, D.C. – Today, legislation was introduced by House Education and Workforce Committee Chairwoman Virginia Foxx, R-N.C.; Workforce Protections Subcommittee Chairman Bradley Byrne, R-Ala.; Health, Employment, Labor and Pensions Subcommittee Chairman Tim Walberg, R-Mich., Representative Henry Cuellar, D-Texas and Representative Lou Correa, D-Calif. This key, bipartisan legislation will allow the joint employer standard to apply when […]
Washington, D.C. – Today, the Trump Administration’s nominees for the National Labor Relations Board, William Emanuel and Marvin Kaplan will go before the full U.S. Senate Committee on Health, Education, Labor and Pensions (HELP). In advance of the hearing, the Coalition for a Democratic Workplace released the following statement from Chair Kristen Swearingen: “President Trump […]
Washington, D.C. – Today, the Trump Administration announced the appointment of William Emanuel for the National Labor Relations Board. In response to the announcement, the Coalition for a Democratic Workplace released the following statement from Chair Kristen Swearingen: “The nomination of a second highly-qualified candidate to the NLRB is a further signal that President Trump […]
Business groups are hailing President Trump intention to nominate attorney Marvin Kaplan to fill one of two vacancies on the five-member National Labor Relations Board (NLRB).
Coalition for Democratic Workplace Applauds Trump Administration Nominee to NLRB Board Washington, D.C. – Today, the Trump Administration announced the appointment of Marvin Kaplan for the National Labor Relations Board. In response to the announcement, the Coalition for a Democratic Workplace released the following statement from Chair Kristen Swearingen: “President Trump stands firm in his […]
President Trump is beginning to staff up the regulatory agencies that did so much damage during the Obama years, and he made a good start Monday by elevating free-market Republican Commissioner Ajit Pai to chair the Federal Communications Commission. Next up: How about the National Labor Relations Board?
WASHINGTON, D.C. // DECEMBER 9, 2016 // Today, the nationwide coalition of more than 600 associations, companies, and advocacy organizations sent a letter to Vice President-elect Mike Pence to quickly fill vacancies on the National Labor Relations Board with qualified experts. According to the letter, “Over the last eight years, the NLRB has overturned an […]
Today, the nationwide coalition of more than 600 associations, companies, and advocacy organizations released a report thoroughly examining the record of the National Labor Relations Board under President Obama, during which Obama appointees overturned 4,559 years of legal precedent as the Board became a full-time tool of organized labor. The report promises to be a useful resource for the incoming administration of President-elect Trump and the 115th Congress.
Washington, D.C. –The Coalition for a Democratic Workplace (CDW) released the following statement in response to the 2016 election outcome: “This election was dominated by calls for economic reforms that would return jobs to the American people. From addressing unnecessary Department of Labor regulations to illegal and unhelpful actions at the NLRB over the past […]
Washington, D.C. – On June 22, the Minnesota District Court denied the plaintiff’s request for a preliminary injunction in Labnet v U.S. Department of Labor. Nonetheless, the court did find that the persuader rule most likely violates the Labor Management Reporting and Disclosure Act (LMRDA). While the court’s decision doesn’t provide immediate and temporary relief, […]
On Wednesday, April 27, the House Education & the Workforce Committee held a markup on Representative Byrne’s resolution of disapproval of the Department of Labor’s final “persuader” regulations (H. J. Res. 87). The resolution would nullify the Department of Labor’s persuader rule, which was finalized on March 24, 2016. The resolution passed the committee by […]
Hillary Clinton is said to be considering Tom Perez as a running mate, and the Labor Secretary is working overtime on his progressive resume. Take the Labor Department’s new “persuader rule,” which gives unions another tool to bludgeon business.
The DOL has not only ignored thousands of public comments submitted when imposing the “persuader” regulation, but also disregarded the clear requirements Congress imposed on rulemaking procedures. As a result, the DOL has offered a flawed regulation that will bring harm to millions of small and mid-sized American businesses.
The Coalition for a Democratic Workplace released a video explaining the threats to small business and attorney-client relationship posed by a Department of Labor rule that would remove an advice exemption to the “persuader” rule.
Congressman Byrne has again shown himself to be a champion for hard-working Americans and business owners. The DOL’s final “persuader” rule is another example of the Obama Administration’s attempt to unfairly give advantage to the labor unions. Congressman Byrne’s leadership in introducing H.J. Res 87, is appreciated by the Coalition for Democratic Workplace and all 600 of its members.
Coalition of over 600 organizations says Labor Dept. Persuader Rule Should be Held Until Courts Rule Washington, D.C. (April 5, 2016) – The Coalition for a Democratic Workplace (CDW) released the following statement from CDW Chair Kristen Swearingen upon filing a preliminary injunction with the U.S. Department of Labor (DOL) on their so-called “persuader” agreements: “We […]
ince the U.S. Department of Labor announced changes to the reporting requirement for persuader agreements, many have voiced concerns about the potential impacts of the rule on U.S. companies. The following is a sample of what some are saying:
Coalition of over 600 organizations says Labor Dept. Persuader Rule Contrary to Constitution and Other Governing Law Washington, D.C. –The Coalition for a Democratic Workplace (CDW) released the following statement from CDW Chair Kristen Swearingen upon filing suit against the U.S. Department of Labor (DOL) challenging the Department’s rule changing reporting requirements for so-called “persuader” agreements: “In publishing […]
CDW is disappointed DOL’s final rule ignores the thousands of comments submitted by small business and other stakeholders. This rule is unfair to employers and employees. It particularly targets America’s small business owners – interfering with their right to confidential legal advice and other counsel. It will also make it harder for them to lawfully communicate with employees about unions and other workforce issues. At the same time, the rule effectively limits the information employees receive on important workplace issues, including whether or not to join a union.
The appeals court found that President Barack Obama’s appointment of Lafe Solomon as general counsel of the National Labor Relations Board was invalid.
Lawmakers have introduced identical legislation in both chambers of Congress to overturn a landmark decision by the National Labor Relations Board intended to broaden joint employer liability. By including employers who may only indirectly affect employees’ terms and conditions of employment, or have the right to affect such terms and conditions, the controversial Board decision has swept many more businesses under the “joint employer” umbrella and increased labor union bargaining power.
Sen. Lamar Alexander, R-Tenn., alleged Wednesday that the National Labor Relations Board and the Labor Department’s Occupational Health and Safety Administration were coordinating in a controversial move to change corporate liability laws. The change would redefine the legal definition of “joint employer,” making companies responsible for workplace violations at other businesses, such as franchisees and subcontractors.
In recent months, the board charged with conducting union elections and enforcing fair labor practices has ruled that companies must hand employee contact information over to organizers, allow workers to use company e-mail systems for union business and compressed the amount of time between initial efforts and votes on representation. It has also ruled that existing unions can organize their employers’ subcontractors.
“We are disappointed but unsurprised that a partisan NLRB issued a partisan decision at the behest of union bosses. The captured agency has done all it can do to meet the demands of union bosses despite the consequences for employees and employers, however this last decision will be particularly tough for small businesses, entrepreneurs, their employees and our economy.”
The National Labor Relations Board’s controversial rule in effect since April streamlining the union election process has withstood two district court challenges, but attorneys say suits over the rule’s application and the ire of a Republican legislative majority mean disputes over the rule aren’t yet over.
It is sad but not unexpected that a Court packed by the President is continuing an unwise and unfair ambush election rule pushed by the President’s administration on behalf of a key political supporter. While the news is bad for employers and employees alike, CDW will continue to fight against this rule and we anticipate appealing this decision.
New rules assist unions’ bid for members and money
The Chamber, joined by the Coalition for a Democratic Workplace, National Association of Manufacturers, National Retail Federation, and Society for Human Resource Management, filed its lawsuit Jan. 5, before the NLRB rule changes became effective.
The National Labor Relations Board (NLRB) put out a call for legal briefs on Wednesday asking labor law scholars to weigh in on whether unions should have the ability to extract dues payments from non-members. The announcement drew immediate criticism from right to work activists.
As if mid-April’s tax filing deadline wasn’t already enough of a downer, the NLRB has given employers the dreaded one-two punch, as its new union “ambush” election rules have now officially gone into effect.
“The net effect of ambush elections would be to deprive employees of critical information about unionization generally or the union at issue prior to a representation election, while at the same time forcing he release of personal and private information about employees to paid union organizers. We are gratified that our elected leaders in the House are taking action in the face of ill-advised, one-sided regulation pushed by the NLRB.”
WASHINGTON, D.C. // FEBRUARY 4, 2015 // Today, the nationwide Coalition for a Democratic Workplace filed a motion for summary judgment in its challenge to the National Labor Relation Board’s ambush elections rule. The rule will shorten time frames for union representation elections from the median of 38 days to as few as 14 days, […]
Starting on April 15, the NLRB’s “quickie” election rule, which changes long-standing labor policy by shortening the time frame for businesses to hold union elections to as little as 14 days, will require all employers to turn over their employees’ personal e-mail addresses, home and personal cellphone numbers, work locations, shifts and job classifications to union organizers.
The five plaintiffs include the U.S. Chamber of Commerce, the Coalition for a Democratic Workplace, the National Association of Manufacturers, the National Retail Federation, and the Society for Human Resource Management.
Business groups will again sue the National Labor Relations Board (NLRB) over a controversial rule they say will speed up union elections and give organizers the upper hand in the workplace, sources say.