June 14, 2022
The Honorable Lauren McFerran
Chair
National Labor Relations Board
1015 Half Street, SE
Washington, DC 20570
Dear Chair McFerran:
The undersigned organizations write to express serious concerns with several issues coming before the National Labor Relations Board (NLRB or “the Board”). Specifically, we urge you to reject the legally-flawed arguments that the Board should impose card check organizing via case law and interfere with employer speech rights that are protected under the National Labor Relations Act (NLRA).
In a case called Cemex, the General Counsel (GC) has asked the Board to consider overturning long-standing precedent, and ignore Supreme Court decisions and the plain text of the NLRA. With regard to card check, the GC has asked the Board to revive the long-discredited Joy Silk doctrine. Under Joy Silk, if a union presented an employer with signature cards allegedly indicating interest by 50% +1 of workers in joining a union, the burden of proof would be on the employer to demonstrate why the cards were invalid. Short of satisfying what, in the eyes of the NLRB is likely to be a high bar, the employer would be compelled to recognize the cards and commence collective bargaining.
In two seminal Supreme Court cases, Gissel Packing and Linden Lumber, the Court rejected the concept of mandatory card check recognition. In fact, in the Gissel decision, the Court specifically stated that “secret ballot elections are generally the most satisfactory—indeed the preferred—method of ascertaining whether a union has majority support.” Moreover, Congress has repeatedly rejected efforts to amend the NLRA to impose card check, including the Employee Free Choice Act and the Protecting the Right to Organize Act.
With regard to employer speech, in Cemex the GC has asked the Board to find that mandatory staff meetings to discuss union issues are “inherently coercive” and to prohibit them. This completely disregards section 8(c) of the NLRA which states that “the expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act, if such expression contains no threat of reprisal or force or promise of benefit.” Leaving aside potential Constitutional issues, this section of the Act was included in 1947 specifically to protect employer speech rights, and the Board and GC are not at liberty to disregard it.
These issues, should the Board agree with the GC’s position, will have a real world impact on our member companies and make it far more difficult for them to manage their businesses. We urge you to reject the legally-flawed arguments put forward by the GC in Cemex and to maintain current law.
Thank you for your consideration.
cc: The Honorable Bobby Scott, Chairman, House Committee on Education and Labor
The Honorable Virginia Foxx, Ranking Member, House Committee on Education and Labor
The Honorable Patty Murray, Chair, Senate Committee on Health, Education, Labor & Pensions
The Honorable Richard Burr, Ranking Member, Senate Committee on Health, Education, Labor & Pensions
Signed:
U.S. Chamber of Commerce
Alabama
Enterprise Chamber of Commerce
Mobile Chamber
Opelika Chamber of Commerce
Prattville Area Chamber of Commerce
Shoals Chamber
Alaska
Haines Chamber of Commerce
Arizona
Apache Junction Area Chamber of Commerce
Chandler Chamber of Commerce
Glendale Chamber of Commerce
Greater Flagstaff Chamber of Commerce
Greater Oro Valley Chamber
Greater Phoenix Chamber
Green Valley Sahuarita Chamber of Commerce & Visitor Center
Lake Havasu Area Chamber of Commerce
Mesa Chamber of Commerce
Nogales-Santa Cruz County Chamber of Commerce
Scottsdale Area Chamber of Commerce
Sierra Vista Area Chamber of Commerce
Tempe Chamber of Commerce
Tucson Metro Chamber
Arkansas
Arkansas State Chamber/AIA
Little Rock Regional Chamber
Rogers Lowell Area Chamber of Commerce
California
Brea Chamber of Commerce
California Chamber of Commerce
Carlsbad Chamber of Commerce
Chino Valley Chamber of Commerce
Fresno Chamber of Commerce
Garden Grove Chamber of Commerce
Gateway Chambers Alliance
Greater Coachella Valley Chamber of Commerce
Greater Conejo Valley Chamber of Commerce
Greater Riverside Chambers of Commerce
Laguna Niguel Chamber of Commerce
Los Gatos Chamber of Commerce
Modesto Chamber of Commerce
Murrieta/Wildomar Chamber of Commerce
Norwalk Chamber of Commerce
Rancho Cordova Area Chamber of Commerce
Rancho Mirage Chamber of Commerce
Redondo Beach Chamber of Commerce
Roseville Area Chamber of Commerce
Sacramento Metropolitan Chamber of Commerce
San Juan Capistrano Chamber of Commerce
San Pedro Chamber of Commerce
Santa Barbara South Coast Chamber of Commerce
Santa Maria Valley Chamber of Commerce
Simi Valley Chamber of Commerce
South Bay Association of Chambers of Commerce
Tracy Chamber of Commerce
Tulare Chamber of Commerce
Valley Industry & Commerce Association
West Ventura County Business Alliance
Colorado
Colorado Springs Chamber and EDC
Grand Junction Area Chamber of Commerce
Delaware
Delaware State Chamber of Commerce
Florida
Florida Chamber of Commerce
Greater Boca Raton Chamber of Commerce
Greater Zephyrhills Chamber of Commerce
The Osceola Chamber
Georgia
Georgia Chamber of Commerce
Hawaii
Maui Chamber of Commerce
Idaho
Boise Metro Chamber
Greater Idaho Falls Chamber of Commerce
Idaho Association of Commerce and Industry
Idaho Chamber Alliance
Illinois
Chicagoland Chamber of Commerce
Edwardsville/Glen Carbon Chamber of Commerce
GLMV Chamber Of Commerce
Illinois State Black Chamber of Commerce
Lombard Chamber of Commerce
Pekin Area Chamber of Commerce
Western DuPage Chamber of Commerce
Indiana
Greater Lawrence Chamber
Indiana Chamber of Commerce
South Bend Regional Chamber
Iowa
Council Bluffs Area Chamber of Commerce
Dubuque Area Chamber of Commerce
Iowa Association of Business and Industry
Mason City Chamber of Commerce
Kansas
Leavenworth-Lansing Area Chamber of Commerce
Wichita Regional Chamber of Commerce
Kentucky
Commerce Lexington Inc.
Greater Louisville Inc. - The Metro Chamber of Commerce
Kentucky Chamber of Commerce
Louisiana
Central Louisiana Regional Chamber of Commerce
Louisiana Association of Business and Industry
Maine
Maine State Chamber of Commerce
Maryland
Maryland Chamber of Commerce
Michigan
Greater Niles Chamber
Lansing Regional Chamber of Commerce
Michigan Chamber of Commerce
Minnesota
Austin Area Chamber of Commerce
Minnesota Chamber of Commerce
St. Cloud Area Chamber of Commerce
Mississippi
Mississippi Economic Council
Missouri
Liberty Area Chamber of Commerce
Missouri Chamber of Commerce and Industry
Montana
Kalispell Chamber of Commerce
Montana Chamber of Commerce
Nebraska
Kearney Area Chamber of Commerce
Lincoln Chamber of Commerce
Nebraska Chamber of Commerce & Industry
Nevada
Henderson Chamber of Commerce
Vegas Chamber
White Pine Chamber of Commerce/Information Center
New Hampshire
Business and Industry Association of New Hampshire
New Jersey
New Jersey State Chamber of Commerce
New Mexico
Gallup McKinley County Chamber of Commerce
New Mexico Chamber of Commerce
New York
Buffalo Niagara Partnership
Capital Region Chamber
North Country Chamber of Commerce
The Business Council of New York State
North Carolina
North Carolina Chamber
North Dakota
Greater North Dakota Chamber
The Chamber Grand Forks / East Grand Forks
Ohio
Dayton Area Chamber of Commerce
Marian Area Chamber of Commerce
Ohio Chamber of Commerce
Reynoldsburg Chamber of Commerce
Solon Chamber of Commerce/Western Reserve Safety Council
Union County Chamber of Commerce
Oklahoma
Broken Arrow Chamber of Commerce
The State Chamber of Oklahoma
Oregon
Heppner Chamber of Commerce
Oregon Business & Industry
Oregon State Chamber of Commerce
Salem Area Chamber of Commerce
Pennsylvania
Hanover Area Chamber of Commerce
Pennsylvania Chamber of Business and Industry
Schuylkill Chamber of Commerce
Williamsport/Lycoming Chamber of Commerce
Rhode Island
Northern Rhode Island Chamber of Commerce
South Carolina
Hilton Head Island-Bluffton Chamber of Commerce
South Carolina Chamber of Commerce
Greater Sioux Falls Chamber of Commerce
Tennessee
Chattanooga Area Chamber of Commerce
Tennessee Chamber of Commerce & Industry
Texas
Abilene Chamber of Commerce
Central Fort Bend Chamber
Greater Magnolia Parkway Chamber of Commerce
Greater Waco Chamber of Commerce
Ingleside Chamber of Commerce
Longview Chamber of Commerce
Nacogdoches County Chamber of Commerce
Rowlett Area Chamber & Visitors Center
San Antonio Chamber of Commerce
Sherman Chamber of Commerce
Texarkana Chamber of Commerce
Utah
Salt Lake Chamber
South Salt Lake Chamber of Commerce
Virginia
Hopewell/Prince George Chamber of Commerce
Loudoun County Chamber of Commerce
Virginia Chamber of Commerce
Washington
Greater Issaquah Chamber of Commerce
Greater Yakima Chamber of Commerce
Moses Lake Chamber of Commerce
West Virginia
Weirton Area Chamber of Commerce
West Virginia Chamber of Commerce
Wisconsin
Greater Green Bay Chamber
Oshkosh Chamber of Commerce
Wisconsin Manufacturers & Commerce
Wyoming
Greater Cheyenne Chamber of Commerce
