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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

CDW filed a letter with the NLRB requesting they extend the comment period for the joint employer rulemaking by an additional 60 days. As we explain in the letter, “Given the expansive nature of the proposed standard and the complexity of issues relating the standard’s impact on employers and other entities in different industries, employers […]

Washington, DC – Recent reports have indicated that labor organizations are once again demanding the Senate pass the woefully misguided Protecting the Right to Organize (PRO) Act (H.R. 842, S. 420). The following statement can be attributed to CDW Chair Kristen Swearingen: “The PRO Act is a wishlist of radical labor policies that would upend […]

Washington, DC – On September 12, CDW sent a letter to the House Education and Labor Committee expressing serious concerns with the Protecting the Right to Organize (PRO) Act and recent activity and policies pursued by the National Labor Relations Board (NLRB) and its General Counsel, Jennifer Abruzzo. The following statement can be attributed to […]

Washington, D.C. – On September 6, the Coalition for a Democratic Workplace issued the following statement in response to the National Labor Relations Board’s newly released proposed rulemaking that would radically expand the joint employer standard under the NLRA, creating massive confusion for business operations and labor relations nationwide, inviting unnecessary and costly litigation, and […]

On August 26, CDW, along with several other employer organizations, filed a motion with the NLRB requesting the agency accept our amicus brief in Armaz Products, a case in which NLRB General Counsel Jennifer Abruzzo is once again pursuing radical changes to established laws and practices by calling on the Board to penalize employers for […]

On August 16, the Coalition for a Democratic Workplace issued the following statement in response to concerning reports from Starbucks Corporation that the NLRB may be interfering in ongoing union representation elections at various Starbucks stores and collaborating with union organizers, jeopardizing the agency’s role as a neutral arbiter of federal labor law. The following […]

On July 11, CDW sent a letter to all members of the House of Representatives urging them to oppose an amendment in the National Defense Authorization Act of 2022 that “would eliminate workers’ right to secret ballots in union representation elections, infringing on their right to privacy and their right to vote their conscience on […]

Washington, DC – On July 12, the Coalition for a Democratic Workplace, composed of more than 400 major business and trade organizations, released a new report, Online Voting in Union Representation Elections: The Latest Attempt to Eliminate Workers’ Right to Secret Ballots, which highlights the dangers of implementing online voting in union representation elections and […]

Washington, DC – On May 9, CDW sent a letter to the Senate Health, Education, Labor, and Pensions (HELP) Committee to  “express our concerns with the current tension between federal anti-discrimination laws and federal labor relations laws as implemented by the NLRB and its General Counsel.” On Tuesday, May 10, the HELP Committee will be […]

Washington, DC – On May 3, CDW submitted a motion requesting the NLRB solicit amicus briefs in Cemex Construction Materials Pacific, LLC in response to the General Counsel’s request that the Board overrule multiple longstanding and significant Board precedents in the case. As we explain in our motion, “CDW urges the Board not to seriously […]

Washington, DC – The Coalition for a Democratic Workplace (CDW), composed of more than 500 major business and trade organizations, released the following statement today in response to the NLRB’s Council of the General Counsel’s brief in Cemex Construction Materials Pacific LLC, in which the CGC calls on the Board to overturn five significant cases and […]

Washington, DC – In February 2022, CDW filed a FOIA request with the NLRB to better understand how the agency came to the conclusion that Members Wilcox and Prouty should not recuse themselves from cases involving their former employer, the SEIU, or the joint employer standard, on which both members previously advocated. After two months […]

In bizarre case, NLRB ALJ forces Amazon to rehire an employee who used a bullhorn to call a female coworker a “gutter b*tch,” “ignorant and stupid,” “crack-head a*s,” “crack ho,” and “queen of the swamp” and accuse her of being “high” and on “fentanyl” Washington, DC – The Coalition for a Democratic Workplace (CDW), composed […]

Union “wins” election with support from less than a third of employees, and NLRB’s inappropriate suit could have tipped the scales in the election. The Board and Congress need to examine further. Washington, DC – The Coalition for a Democratic Workplace (CDW), composed of hundreds of organizations representing millions of businesses that employ tens of millions […]

NLRB sues Amazon in federal court in attempt to force the company to rehire an employee who used a bullhorn to call a female coworker a “gutter b*tch,” “ignorant and stupid,” “crack-head a*s,” “crack ho,” and “queen of the swamp” and accuse her of being “high” and on “fentanyl” Washington, D.C. – The Coalition for […]