Letter to NLRB General Counsel Crystal Carey: Refocusing Federal Labor Policy on Worker Choice and Due Process

Dear General Counsel Carey:

On behalf of the Institute for the American Worker (I4AW) and the Coalition to Protect American Workers (CPAW), we congratulate you on your confirmation and welcome the opportunity to work with your office in the year ahead. Your leadership presents an opportunity to refocus federal labor policy on the interests of American workers while reinforcing stability, credibility, and balance in the system.

During the Biden administration, a series of Board actions shifted power away from individual employees and toward union leadership, including by weakening secret-ballot elections, restricting lawful workplace communication, and encouraging procedural delays. Too often, worker choice was replaced with Board-driven outcomes, leaving employees with less voice, less certainty, and fewer timely opportunities to decide their own representation.

Worker-First Policy Priorities

We encourage your office to consider prioritizing the following reforms, each of which directly advances worker choice, informed decision-making, and due process:

1. Cement secret-ballot elections as the foundation of representation decisions.
   Private ballots remain the most reliable and democratic way for employees to express their will. Expansions of bargaining orders, particularly under the Cemex framework, have allowed representation to be imposed without a secret-ballot vote, diminishing worker agency and increasing workplace conflict. Limiting such orders to truly extraordinary circumstances will restore trust and ensure American workers, not union organizers, decide outcomes.

2. Protect access to factual information and transparency before employees vote.
   Employees make better choices when they can hear competing views. Restoring clear standards that allow Employer Meetings on Unionization ensures workers receive complete information before making representation decisions. These steps protect Section 7 rights while ensuring employees can freely access information and make informed decisions about representation.

3. Ensure elections are timely and not sidelined by procedural delay.
   Expanded use of blocking charges has prolonged disputes, particularly when employees seek to decertify a union. Elections should proceed promptly once serious, substantiated allegations are addressed, while preserving reasonable notice, meaningful opportunity for employees to be informed, and due process for all parties. This approach ensures workers receive timely resolution without limiting informed choice. We also encourage the Board to revisit the 2019 election rule to align with these priorities.

4. Safeguard predictability, transparency, and stability.
   Policy whiplash and uncertainty about workplace rules undermine confidence. Durable, clearly articulated standards should (a) provide consistent guidance for regional offices and (b) reaffirm that neutral anti‑harassment and safety policies, consistent with Title VII of the Civil Rights Act of 1964, apply equally during any workplace or union-related activity. Section 7 of the NLRA should not be interpreted so broadly that it prevents evenhanded enforcement of workplace rules or excuses abusive or unsafe conduct.

Why This Matters for American Workers

Re-centering labor policy on secret ballots, timely elections, and informed choice strengthens American workers’ voices while reducing unnecessary litigation and workplace division. Workers benefit when decisions are made privately, promptly, and based on facts — not leverage, pressure, or procedural delay. A system grounded in due process, transparency, and stability allows employees to plan with confidence and ensures representation reflects genuine worker preference.

As your office begins its work this year, I4AW and CPAW strongly encourage the Board to issue guidance or rulemaking that restores these worker-first principles and corrects the imbalances created under the Biden administration. We would welcome the opportunity to discuss these priorities further and provide additional input.

Thank you for your consideration and leadership.

Respectfully submitted,

Institute for the American Worker
Coalition to Protect American Workers