Page 43 - PCCAJournal2ndQuarter2011

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PCCA Journal|2 nd Quarter 2011 43

O

n March 29, the Coali-tion for a Democratic Workplace (CDW) filed a brief requesting that the National Labor Rela-tions Board (NLRB) provide statistical data justifying its plan to reverse more than 50 years of established law in order to dramatically change the way unions organize America’s workplaces by allow-ing “micro unions.”

The employer brief is the latest devel-opment in the battle over the “Specialty Healthcare” case in which the NLRB is considering altering rules that would change how appropriate bargaining units are chosen for purposes of union orga-

nizing elections. The change could lead to a surge of “micro union” organizing in which union organizers cherry pick sup-porters and small businesses are left to fend off a swarm of confusing organizing campaigns by multiple unions. This also means that individual employees who oppose joining a union can effectively be bypassed and their voices silenced. The brief argues that the NRLB failed to analyze its own data or provide any statistical support for its assertion that the current unit determination standard results in “unnecessary litigation and delay.” CDW noted that it was incum-bent on the board to conduct an analysis before proposing a change that would

reverse 50 years of case law and impact nearly 6 million businesses.

CDW Chairman Geoffrey Burr said, “The board’s failure to provide any analysis or legitimate justification for this major policy change is simply irre-sponsible and smacks of a lack of trans-parency. This is a major departure from the change sought by President Obama through his Executive Order 13563 intended to move the federal govern-ment to make data-driven decisions. The NLRB is failing to meet its obligations to the President, the public, employers, and hardworking Americans.”

CDW Amicus Brief Demands

Government Make Data-Driven Policy

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