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President Biden Plans to Hijack NLRB for Two years into Next Administration, Renominates McFerran Despite Devastating Tenure

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 […]

Joint Employer

NLRB Continues to Stand By Flawed, Damaging Joint Employer Rule Despite Bipartisan Opposition in Congress and Court Nullification

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 […]

Joint Employer

CDW Slams President Biden’s Veto of Bipartisan Resolution to Nullify Joint Employer Rule

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 […]

Press Release

As Volkswagen Workers Vote for Union Representation, Secret Ballot Elections and Robust Debate Must Be Protected

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 […]

Press Release

CDW Supports SALT Act’s Increased Transparency for Workers

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: […]

Joint Employer

CDW Applauds Congress for Passing Resolution to Nullify NLRB’s Disastrous Joint Employer Rule

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 […]

Press Release

CDW Condemns OSHA Rule Allowing Unions to Infiltrate Workplaces

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 […]

Press Release

CDW Applauds House Appropriators for Maintaining NLRB Funding, Electronic Voting Rider

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. […]

Private Ballot

CDW Urges Appropriators to Protect Secret Ballot 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 […]

Joint Employer

Joint Employer Rulemaking Nullified by Federal Court

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 […]

Uncategorized

CDW Files Motion before Supreme Court Urging Stricter Scrutiny of NLRB’s Requests for Injunctive Relief

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 […]

Private Ballot

CDW Files Brief Calling Out NLRB for Trying to Eliminate Secret Ballot Union Representation Elections

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 […]

Uncategorized

CDW Calls on Congress to Investigate NLRB’s Actions Forcing Employers to Violate Federal Antidiscrimination Law

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 […]

Independent Contractor

CDW Supports Bills to Protect Workers from a Rogue NLRB

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 […]

Press Release

CDW Files Amicus Brief Urging 3rd Circuit to Hold that the NLRA Precludes Monetary Damages Beyond Backpay

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 […]

Press Release

CDW Applauds 5th Circuit’s Decision to Protect Common Sense Dress Code Policies

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 […]

Joint Employer

BUSINESS GROUP CHALLENGES NLRB’S JOINT EMPLOYER RULE IN COURT

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 […]

Press Release

CDW Files Amicus Brief Urging Supreme Court to Set Standards for Labor Board Injunctions

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 […]

Joint Employer

CDW Blasts NLRB for Issuing Final Joint Employer Rule that Will Create Massive Confusion and Threaten Workers’ Economic Opportunity

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 […]

Uncategorized

NLRB Expands Authority to Force Union on Employees Without Election and Ignores Legal Precedent and Stakeholder Requests for Opportunity for Public Comment

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex, imposing a new framework which greatly expands the Board’s ability to impose unions on employees without a secret ballot election. The Board’s decision reverses a half-century of NLRB precedent and is at odds with long-standing Supreme Court rulings. The Board also made this […]

Uncategorized

CDW Slams NLRB for Reinstating Ambush Elections Rule

On August 24, 2023, the NLRB issued its direct final rule reinstating the Obama-era ambush elections rule, which promoted speed of union representation elections at the expense of employees’ right to be fully informed before choosing whether or not they wanted union representation in the workplace. The following statement can be attributed to CDW Chair Kristen […]

Uncategorized

NLRB Decision Puts Common Sense Workplace Policies at Risk

Washington, DC – On August 2, the NLRB issued its decision in Stericycle, putting at risk employers’ common sense workplace policies.  The following statement can be attributed to CDW Chair Kristen Swearingen: “The Board’s decision makes it nearly impossible for employers across the country to provide safe, hostile-free workplaces for workers. The Board has inserted […]

Uncategorized

CDW Files Amicus Brief with Supreme Court to Urge Reconsideration of Chevron Deference

Washington, DC – On July 24, the Coalition for a Democratic Workplace filed an amicus brief with the Supreme Court in Loper Bright, a case considering the limits of Chevron deference. Our brief urges the Court to consider the impact Chevron deference has had on the predictability and workability of labor law for regulated parties. The following statement can […]

Press Release

CDW Blasts HELP Committee for Confirming Wilcox without Hearing, Urges Senate to Reject Nomination

Washington, DC – On July 12, the Senate Health, Education, Labor, and Pensions Committee passed Gwynne Wilcox’s nomination out of committee without a hearing, ensuring Senators never had an opportunity to question Wilcox about her troubling tenure on the Board, including overturning long-standing precedent and ignoring the stakeholder community. The following statement can be attributed […]

Press Release

CDW Urges HELP Committee to Hold Hearing on Wilcox Nomination

Washington, DC – On July 11, the Coalition for a Democratic Workplace sent a letter to Chairman of the Senate Health, Education, Labor, and Pensions Committee Bernie Sanders to urge him to delay the committee’s vote on the nomination of Gwynne Wilcox to serve another terms on the NLRB in order to review her record, […]

Independent Contractor

Board Defies Federal Appeals Court in Decision that Threatens Freelancers, Independent Contractors across Nation

Washington, DC – On June 13, the NLRB issued its decision in The Atlanta Opera, which defies the explicit directions of the US Court of Appeals for the D.C. Circuit and narrows opportunities for independent contractors and self-employed individuals. The following statement can be attributed to CDW Chair Kristen Swearingen: “In today’s decision, the Board reinstates […]

Uncategorized

Supreme Court Protects against Intentional Destruction of Employer Property

Washington, DC – On June 1, the Supreme Court issued its decision in Glacier Northwest, in which the Court firmly held that unions cannot intentionally destroy employer property without consequences. The following statement can be attributed to CDW Chair Kristen Swearingen: “Unions cannot and should not have a free pass for intentionally destroying someone else’s property. No federal law […]

Press Release
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CDW Releases White Paper Showing Dangers of Employers Agreeing to Neutrality and Card Check Agreements

Washington, DC – On May 22, the Coalition for a Democratic Workplace published a white paper, How Neutrality and Card Check Agreements Harm the American Worker, proving that when employers enter into neutrality and card check agreements with unions attempting to organize their workplaces, employees are denied access to critical information they need to make a fully […]

Press Release

CDW Letter: PRO Act Will Devastate Economy, Hurt Workers

Washington, D.C. – On March 24, CDW sent a letter to members of Congress calling for the rejection of the Protecting the Right to Organize (“PRO”) Act (H.R. 20, S. 567). The bill would “limit workers’ right to secret ballot elections, trample free speech and debate, jeopardize industrial stability, threaten vital supply chains, limit opportunities […]

Press Release

CDW Calls Out Hypocrisy of Senator Sanders and His Attacks on Businesses

On March 8, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on workers’ right to unionize and employers’ “illegal corporate union busting.” The following statement can be attributed to CDW Chair Kristen Swearingen: “This hearing was a clear display of how Senator Sanders views the world. Employers are evil, and unions are […]

Press Release

CDW Calls on Congress to Conduct Oversight over NLRB, General Counsel

Washington, DC – On February 27, the Coalition for a Democratic Workplace sent a letter to the House and Senate labor committees informing them of the extreme policies being pushed by the NLRB and its General Counsel that “are promoting changes that are contrary to the bedrock principles of our democracy, like free speech, open […]

Press Release

Congress Must Reject Radical, Economically Destructive PRO Act

Washington, DC – Today, House and Senate Democrats announced plans to reintroduce on February 28 the Protecting the Right to Organize (PRO) Act, a bill that would limit employees’ right to secret ballots, greatly diminished opportunities for those who operate or wish to operate a franchise business, and completely eliminate many pathways to self employment and opportunities for gig […]

Press Release

CDW Calls on 5th Circuit to Protect Common Sense Dress Code Policies

Washington, DC – On February 9, CDW filed an amicus brief before the US Court of Appeals for the 5th Circuit in Tesla v NLRB. Our brief calls on the court to reverse the Board’s 2022 decision essentially making all uniform and dress code policies in the workplace presumptively unlawful. The Board said if a policy effectively limits the wearing […]

Press Release

CDW Files Brief Condemning NLRB General Counsel’s Efforts to Eliminate Secret Ballot Elections, Employer Speech Rights

Washington, DC – On February 8, the Coalition for a Democratic Workplace, along with six other employer organizations, filed an amicus brief before the NLRB on a case against Starbucks in which the Board’s General Counsel Jennifer Abruzzo is attempting to eliminate employer speech rights in union organizing drives as well as employees’ right to secret ballots […]

Uncategorized

CDW Files Comment on NLRB’s So-Called “Fair Choice” NPRM

Washington, DC – On February 2, CDW filed comments on the NLRB’s proposed rulemaking eliminating important worker protections related to union representation and elections. The Board is planning to rescind Trump-era policies that ensured workers the right to freely choose whether or not they want union representation and guaranteed workers a secret ballot election. The […]

Joint Employer

NLRB’s Radical Joint Employer Rule Will Destroy Economic Prosperity and Limit Entrepreneurial Opportunity

Washington, DC – On December 7, the Coalition for a Democratic Workplace filed comments in response to the NLRB’s notice of proposed rulemaking altering the joint employer standard under the NLRA. As our comments explain, the proposed rule will undermine collective bargaining and destabilize labor relations, is arbitrary and capricious, and diverges from the common […]

Uncategorized

CDW Files Extension Request on NLRB’s Representation-Case Procedures NPRM

Washington, DC – On November 22, CDW requested the NLRB issue a 30-day extension to the comment period for the Board’s notice of proposed rulemaking making several changes to representation-case procedures. The current comment period runs until January 3, 2023, spanning three major US holidays. CDW asked the Board to provide the extension to ensure […]

Press Release

CDW Calls on Supreme Court to Protect Communities from Union Destruction of Property

Washington, DC – On November 8, 2022, the Coalition for a Democratic Workplace filed an amicus brief before the Supreme Court in Glacier Northwest, calling on the Court to affirm its own precedent that “unions are not immune from state tort suits when they intentionally destroy an employer’s property.” Without such a ruling, employers will be left without […]

Press Release

Business Group Challenges Connecticut Gag Rule in Court

On November 1, the Coalition for a Democratic Workplace (CDW), along with the US Chamber of Commerce, Associated Builders and Contractors, Associated Builders and Contractors of CT, CT Business & Industry Association, CT Retail Merchants Association, National Association of Home Builders, National Federation of Independent Business, and National Retail Federation, filed a lawsuit challenging Connecticut’s recently […]

Press Release

CDW Condemns NLRB’s Continued Attacks on First Amendment

Washington, DC – On October 27, the National Labor Relations Board’s (NLRB) General Counsel, Jennifer Abruzzo, continued her assault on free speech rights with her complaint against Amazon CEO Andy Jassy. Abruzzo alleges Jassy violated the National Labor Relations Act (NLRA) by discussing in media interviews his opinion of the ongoing union effort to organize […]