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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 […]

Uncategorized

CDW Requests Extension to Comment Period on NLRB’s Joint Employer Rule

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 […]

Press Release

CDW Slams Renewed Efforts to Force through Dangerous PRO Act

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 […]

Independent Contractor

CDW Sends Letter to House Committee Cautioning against PRO Act, NLRB Overreach

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 […]

Joint Employer

NLRB Releases Radical Proposal to Dramatically Expand Joint Employer Liability

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 […]

Press Release

CDW Files Amicus Brief Request with NLRB on Remedies Case

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 […]

Press Release

CDW Calls for Investigation into Potential NLRB Misconduct, Possible Collusion between NLRB and Labor Unions

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 […]

Press Release

CDW Sends Letter to House Opposing Radical Labor Provisions in NDAA

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 […]

Press Release
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CDW Issues Report on the Dangers of Online Voting in Union Representation Elections

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 […]

Press Release

CDW Submits Letter to Senate HELP before EEOC Nomination Hearing

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 […]

Uncategorized

CDW Submits Motion Requesting NLRB Solicit Amicus Briefs in Cemex

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 […]

Press Release

NLRB General Counsel Wants to Throw out Decades of Labor Law Precedent to Tip Scales in Favor of Unions

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 […]