NRLB Decision Boosts Union Organizing Efforts/" />

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NLRB Decision Boost Union Organizing Efforts
Aug 29, 2023

The National Labor Relations Board (NLRB) has ruled that an employer must bargain with a union if the union has shown majority support but the employer uses union-busting tactics to break the law and destroy the will of the workers.  In Cemex Construction Materials Pacific, LLC, the NLRB decided that once a union demonstrates majority support through signed authorization cards (or by some other means), the employer has only two options: it can voluntarily recognize the union or promptly file a petition for an NLRB election. If the employer choses to file for an election but commits unfair labor practices in the run up to the election, the election will be set aside, the employer’s petition for election will be dismissed, and the NLRB will order the employer to bargain with the union without any election.

The new rules of the road for organizing will more effectively deter employers from using union-busting tactics, which will in turn make elections for union representation free and fair. As the Board wrote in its decision: “Simply put, an employer cannot have it both ways. It may not insist on an election, by refusing to recognize and bargain with the designated majority representative, and then violate the Act in a way that prevents employees from exercising free choice in a timely way.”

The recent decision announcing this rule, the Cemex decision, is a huge step in the right direction.

We encourage clients to contact us with any questions about the new rule and to reach out to discuss strategies for effectively utilizing the new recognition standard to organize and win in the continuing fight to provide a free choice to the overwhelming majority of workers whose desire for a voice at work remains stifled by corporate interests and a feckless legal regime begging for reform.

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