CDW RESPONDS TO OBAMA NLRB NOMINATIONS

National Coalition Disappointed In President’s NLRB Selections

The Coalition for a Democratic Workplace has issued the following statement on behalf of Chairman Geoffrey Burr in response to reports that President Obama will add nominations that would create a National Labor Relations Board that includes Mark Pearce, Richard Griffin, Sharon Block:

“Today, the President failed workers and employers alike with his insincere proposal to reconstitute the National Labor Relations Board, an important workplace-related federal agency. If the President actually was serious about establishing a functioning NLRB for workers and employers, he would not have nominated Richard Griffin and Sharon Block, who accepted unconstitutional appointments and then chose to remain in those illegal appointments after a federal court vacated their tenure. Ms. Block and Mr. Griffin’s actions have caused unnecessary uncertainty in labor relations and our economy and, as a result, they are not suitable candidates. Read More

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The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union. We are opposed to the so-called Employee Free Choice Act because it would strip Americans of that right and replace it with a system where your vote is no longer private, and it is made public to your employer, the union organizers and your co-workers.

More recently, appointees on the National Labor Relations Board have pushed Big Labor’s agenda to enact key portions of EFCA and EFCA-lite replacements through executive action and regulation. The aim of these efforts is to decrease the ability for employers to speak to employees, to decrease the ability of employees to access information from both sides and make an informed choice, and thereby increase the number of dues-paying union members. 

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What Court? NLRB To Ignore Court Ruling

The National Labor Relations Board says it will continue to press forward in deciding new cases even in the wake of a ruling from the U.S. Court of Appeals for the D.C. Circuit that invalidated three recess appointments to the board in January 2012.

A three-judge panel from the federal appeals court ruled on Jan. 25 that President Obama’s recess appointments of Democrats Sharon Block and Richard Griffin and Republican Terence Flynn were invalid because they were not made during a true congressional recess. The ruling, if upheld, should nullify all rulings made since the president made the appointments. 

 “Considering the text, history and structure of the Constitution, these appointments were invalid from their inception,” the panel concluded. “Because the Board lacked a quorum of three members when it issued its decision in this case on Feb. 8 2012, its decision must be vacated.” 

But in a statement, NLRB Chairman Mark Gaston Pearce, a Democrat, said, the board will ignore the Court and continue to issue decisions. 

Nevertheless, pro-business groups cheered the ruling. Geoff Burr, Chairman of The Coalition for a Democratic Workplace (CDW) said, “The president’s decision to bypass the U.S. Senate and appoint pro-union activist members to the NLRB was a political, partisan act that had to be challenged.” 

The CDW is a coalition of business organizations that include IEC (Independent Electrical Contractors) and ABC (Associated Builders and Contractors)  that legally challenged the recess appointments. The ruling “will invalidate decisions unlawfully made over the past year by the NLRB and allow them to be heard by an unbiased panel,”  Burr said. Read More

Although he often talks as if Congress is an inconvenient distraction, the president has been reminded that he does not reign supreme and must actually share power with the legislature. The decision throws into doubt the validity of a slew of egregiously pro-union decisions by the board. Read more 

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CDW Calls on Senate to Immediately Pass the “Protecting Jobs from Government Interference Act”

Coalition for a Democratic Workplace Chairman Geoffrey Burr issued the following statement after the U.S. House of Representatives passed H.R. 2587, the Protecting Jobs from Government Interference Act sponsored by Rep. Tim Scott, by a bipartisan vote of 238 to 186:

“Job creators across the nation are thanking the House of Representatives for taking the first step toward protecting employers and employees from a rogue National Labor Relations Board. The NLRB continues to overstep its authority, kill jobs and threaten our economy. The Boeing case, where the Board is attempting dictate where a company can create jobs, is a prime example. We have a great deal of gratitude for the leadership shown by Rep. Scott (R-SC), Rep. Trey Gowdy (R-SC), Rep. Joe Wilson (R-SC), and Education and Workforce Committee Chairman Rep. John Kline (R-MN).

“But this important first step must be followed immediately in the Senate. Employers all across America are now asking the Senate’s to pass this bill now. The president last week signaled his desire to focus the federal government on job creation, and this is a no-cost bill that will begin to restore job creators’ confidence, stimulate hiring and getting our economy headed in the right direction.”

NJECPAC member Organization New Jersey IEC is a member of the CDW. NJECPAC encourages all of its member organizations to follow NJ-IEC's lead and join the CDW in protecting the right to a free and democratic workplace. http://myprivateballot.com/

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Coalition for a Democrat Workplace To Testify At NLRB Hearing

The Coalition for a Democrat Workplace (CDW) and their members will be represented at NLRB hearing Today and Tomorrow on the proposed "ambush elections" rule by Chuck Cohen of Morgan Lewis.  

Chuck will be speaking this afternoon. The full list of speakers is available Here and a webcast will be available Here.

Comments on the NLRB rule as well as DOL's gag rule are due by August 22.  CDW will be launching a grassroots website in the next few weeks, which will provide sample comments and help you and your members with filing those comments.  

The Coalition for a Democratic Workplace is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union. We are opposed to the so-called Employee Free Choice Act because it would strip Americans of that right and replace it with a system where your vote is no longer private, and it is made public to your employer, the union organizers and your co-workers.
For a list of CDW members visit http://www.myprivateballot.com/ and click on the "About Us" tab.

Lastly, The CDW placed an op-ed in the Washington Times on these issues. You can view that Here. 

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NLRB Threatens To Sue Four States Over Secret Ballot union Laws

The National Labor Relations Board (NLRB) has threatened to sue Arizona, South Carolina, South Dakota and Utah over constitutional amendments guaranteeing workers the right to a secret ballot in union elections. NLRB’s acting general counsel, Lafe Solomon, said the amendments conflict with federal law.

Business groups such as the US Chamber of Commerce, IEC, ABC and the CDW favor the amendments, arguing that secrecy is necessary to protect workers against union intimidation. They are concerned that Congress might enact legislation requiring employers to allow the "card check" process for forming unions instead of secret ballot elections.

The NLRB has sent letters to the Attorney General of each state warning them that their amendments are pre-empted by the supremacy clause of the Constitution and their new laws are unconstitutional. Read More

Phil Kerpen, vice president for policy at Americans for Prosperity said the NLRB's action "shows how determined the board is to accomplish card check by backdoor means, against the wishes of the American people and Congress." Read More.

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New Jersey-IEC Joins CDW brief In Union Trespass Case

FOR IMMEDIATE RELEASE

New Jersey-IEC Joins The CDW Brief In Union Trespass Case

New Jersey-IEC has Joined one hundred forty (140) other organizations that have signed on to the CDW amicus brief in the National Labor Relations Board case Roundy’s Inc. And Milwaukee Building and Construction Trade Council.  

The issue in the Roundy's case is whether employers are required to allow non-employee union agents to trespass on the workplace for the purpose of harming the employer's business if the employer has allowed workplace access to other non-employee individuals or groups that do not intend to harm the business (such as the United Way, blood drives, girl scouts, etc.). 

The Board's decision in this matter has an obvious impact on the ability of employers to shield customers, clients and employees from interference and harassment by non-employee union agents

The NLRB Case Notice Can Be Viewed Here

The Coalition for a Democratic Workplace (CDW) is a coalition of workers, employers, associations and organizations who are fighting to protect the right to a federally supervised private ballot when workers are deciding whether or not to join a union. http://www.myprivateballot.com/

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