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Ambush Election Rule

CDW Submits Amicus Brief in UPS v NLRB

Washington, DC – On October 22, the Coalition for a Democratic Workplace, along with eleven organizations representing employers from various industries across the country, submitted an amicus brief in UPS Ground Freight v NLRB. The case is the first challenge before a federal court of appeals to the Obama-era ambush elections rulemaking, which drastically shortened the […]

Press Release

CDW Submits Amicus Brief in Caesar’s Entertainment

Washington, D.C. – On October 5, CDW and nine other employer organizations filed an amicus brief with the NLRB in Caesar’s Entertainment.  The Board requested briefs from stakeholders on whether the agency should revisit in the Caesar’s case its 2014 Obama-era decision in Purple Communications, which allowed workers to use their employers’ email systems for organizing purposes. CDW’s brief calls […]

Press Release

CDW Submits Amicus Letter on Motion to Recuse in McDonalds Case

Washington, D.C. – On August 28, the Coalition for a Democratic Workplace (CDW), along with several other associations, submitted an amicus letter to the National Labor Relations Board in support of McDonald’s USA’s opposition to the Service Employees International Union’s Motion to Recuse Chairman John Ring and Member William Emanuel from their case. As CDW […]

CDW In The New

CDW op-ed warns of a ‘card-check’ sequel that’s worse than the original

Today, the Washington Examiner published an op-ed from Coalition for a Democratic Workplace chair Kristen Swearingen York titled “Stealing workers’ secret ballots: A ‘card-check’ sequel that’s worse than the original,” which reads: Summer is the season for bad sequels. This time, it’s a handful of U.S. lawmakers — led by Sens. Bernie Sanders, I-Vt., and […]

Independent Contractor

National Coalition Warns Of Sanders and Warren’s “Workplace Democracy Attack”

The Coalition for a Democratic Workplace (CDW) launched a multi-prong educational campaign to push back against the so-called “Workplace Democracy Act”—an unwise, unfair, anti-democratic bill that revives the failed “card check” scheme to eliminate secret ballot elections

Joint Employer

CDW SEEKS RULEMAKING TO REMEDY BFI

June 13, 2018 // Washington, D.C. // Today, the Coalition for a Democratic Workplace and 16 leading associations filed a petition with the National Labor Relations Board seeking a rulemaking to remedy the confusion caused by a previous Board’s radical changes to the “joint employer” standard. The controversial 2015 NLRB Browning Ferris Industries, or BFI […]

Ambush Election Rule

CDW Files Comments on Ambush Election RFI

Washington, D.C. – Today, over 70 companies, organizations, and trade associations joined comments filed by the Coalition for a Democratic Workplace in response to the National Labor Relations Board’s Request for Information about stakeholders experiences with the 2014 changes to the agency’s election procedures. The changes unnecessarily shortened the election timeframes, depriving employees of important […]

Press Release

CDW Commends the Confirmation of John Ring

Washington, D.C. – On April 11, the Senate confirmed John Ring to the National Labor Relations Board (NLRB). Ring was a partner at the law firm of Morgan Lewis & Bockius and co-leader of the firm’s Labor/Management Relations Practice. Ring was nominated on January 12, and, with his confirmation, will reinstate a Republican majority on the […]

Joint Employer

CDW Statement on NLRB Vacating Hy-Brand Decision

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 […]

Press Release

CDW Commends Administration for its Intent to Nominate John Ring to NLRB

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 […]

Article

National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents

Lexology

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 […]

Press Release

CDW Applauds Advancement of Trump Labor Nominations

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 […]

Press Release

CDW Applauds Senate for Kaplan Confirmation

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, […]

Press Release

CDW Applauds Introduction of Save Local Business Act

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 […]

Press Release

CDW Applauds Trump Administration Nominees to NLRB Board and Urges Confirmation

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 […]

Press Release

CDW Applauds Nomination of Emanuel to NLRB

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 […]

Article

Biz groups hail Trump’s labor board pick

The Hill

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).

Press Release

CDW Statement on Trump Administration’s Nominee to NLRB Board

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 […]

Article

Don’t Ignore the Labor Board

Wall Street Journal

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?

Press Release

CDW Statement on Letter to Transition Team

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 […]

Press Release
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GROUNDBREAKING REPORT: OBAMA NLRB SLASHED OVER 4,500 YEARS OF LEGAL PRECEDENT

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.

Press Release

CDW Statement Congratulating President-Elect Trump

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 […]

Press Release

Minnesota District Court Indicates Persuader Rule will be Overturned

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, […]

Press Release

Persuader Resolution Passes House Committee

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 […]

Article

Tom Perez’s Clinton Bait

Wall Street Journal

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.

Press Release

CDW Statement in Advance of House Ed and Workforce Hearing on DOL Rule

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.

Uncategorized

Video: Explaining The “Persuader Rule”

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.

Press Release

Coalition for Democratic Workplace Statement on Resolution to Block Persuader Regulation

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.

Press Release

CDW Statement on Preliminary Injunction filed for DOL Persuader Rule

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 […]

Article

What They Are Saying about DOL’s Persuader Rule: March 30, 2016

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:

Press Release

CDW Statement on Federal Lawsuit Against DOL

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 […]

Press Release
1

Coalition for Democratic Workplace Statement on Persuader Rule

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.

Article
1

Courts to Obama: No, you can’t

Post and Courier

The appeals court found that President Barack Obama’s appointment of Lafe Solomon as general counsel of the National Labor Relations Board was invalid.

Article
1

Congress proposes legislation to overturn NLRB ruling on joint employer liability

Lexology

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.

Article
1

Alexander alleges ‘coordinated effort to change the law’ by NLRB, OSHA

Washington Examiner

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.

Article
1

Obama NLRB pushes pro-labor agenda as administration winds down

FoxNews.com

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.

Press Release
1

CDW: Joint Employer Decision Slams Entrepreneurs, Small Businesses and Workers

“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.”

Article
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NLRB Court Wins Won’t Quell Election Rule Challenges

Law360

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.

Press Release
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CDW Responds To Ambush Election Ruling

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.

Opinion Piece

Labor board overreach

Washington Times

New rules assist unions’ bid for members and money