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Joint Employer

CDW Calls on DC Circuit to Stop NLRB’s Latest Effort to Implement Unworkable Joint Employer Standard

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 […]

Press Release

CDW Supports Lawsuit Challenging Constitutionality of 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 […]

Joint Employer

CDW Applauds NLRB Decision to Stop Defending Joint Employer Rule

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 […]

Press Release

Teamsters President Shows his Disdain for Freedom of Association in RNC Speech

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 […]

Joint Employer

Labor HHS Appropriations Bill Includes Critical Provisions to Protect Workers and the Economy

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 […]

Press Release

CDW Files Amicus Brief against OSHA Rule Giving Unions Access to Employer Property

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 […]

Press Release

Supreme Court Reins in Federal Agencies’ Authority

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 […]

Press Release

CDW Questions Invitation to Teamsters to Speak at Republican National Convention

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 […]

Press Release

Supreme Court Forces NLRB to Abide by the Law

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 […]

Uncategorized

ICYMI: WSJ Slams Biden’s Labor Chief; Urges Senate to Block Nomination

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 […]

Press Release

CDW Sends Letter to Congress Urging Oversight of NLRB Chair McFerran, Rejection of Her Nomination

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 […]

Press Release

REPORT: Biden NLRB Chair Is Tolerating Racism, Sexism in the Workplace and Demanding Employers Do the Same

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 […]

Press Release

CDW Submits Brief on NLRB Demanding Employers Permit Political Activity in the Workplace

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 […]

Press Release

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 […]