CDW Pushes Back on NLRB Independent Contractor Case, Conflicts of Interest

On Feb. 11, the ABC-led Coalition for a Democratic Workplace filed an amicus brief before the National Labor Relations Board in The Atlanta Opera, a case dealing with the independent contractor standard.

In the brief CDW called on the NLRB to keep its 2019 SuperShuttle standard in place, which “correctly explained how the Board’s prior rulings in FedEx I and II ‘fundamentally shifted the independent contractor analysis, for implicit policy-based reasons, to one of economic realities…,’ thereby violating the National Labor Relations Act and multiple court rulings.” CDW also cautioned the board against overruling its SuperShuttle decision, which would violate the Act and deprive many independent contractors of their preferred flexible work methods and entrepreneurial opportunities.

The brief was one of 39 filed with the board, a much larger number than normally filed in board cases.

CDW’s statement on the independent contractor case brief can be read here.

On Feb. 15, CDW sent a second letter to the NLRB calling for members David M. Prouty and Gwynne Wilcox to be recused from any cases involving the Service Employees Internal Union or any rulemaking dealing with the joint employer standard. Both Wilcox and Prouty recently worked for the SEIU and specifically advocated on the union’s behalf on joint employer issues.

CDW filed its original letter in January. In both letters CDW expressed concerns about Wilcox and Prouty’s ability to remain impartial when dealing with these cases and policies. CDW also requested information related to any determination by the NLRB’s Designated Ethics Official that their past employment and work on the joint employer standard do not present a conflict of interest.

CDW’s statement on the letter concerning Wilcox and Prouty can be read here.

ABC will continue to provide important updates on these important issues in Newsline.