News & Analysis as of November 15, 2024

Cemex

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Teamsters Test the Bounds of the NLRB’s Cemex Decision, Seeking to Unionize Amazon Workers Without an Election

Benesch on 11/11/2024

On October 23, 2024, Teamsters Amazon National Negotiating Committee (“Teamsters”) filed an unfair labor practice charge (“ULP”) with the National Labor Relations Board (“NLRB”) alleging that, within the past six months,...more

Not Your Grandparents’ Unions: NLRB Sees Large Rise in Organizing Petitions

Bradley Arant Boult Cummings LLP on 11/7/2024

The National Labor Relations Board and unions have been busy. The NLRB received 3,286 union election petitions during FY 2024, up 27% since FY 2023 (when the NLRB received 2,593 petitions) and more than double the number of...more

Ninth Circuit Panel Hears Oral Argument on the NLRB’s Transformative Cemex Decision

Proskauer - Labor Relations Update on 10/24/2024

On October 21, 2024, the U.S. Court of Appeals for the Ninth Circuit in Cemex Construction Materials Pacific, LLC v. National Labor Relations Board, Case No. 23-2302 (9th Cir.) heard oral argument on the revised National...more

Cemex Decision Cements Increase in Petitions for Union Elections

Foley & Lardner LLP on 7/23/2024

In April 2024, the National Labor Relations Board (NLRB or the “Board”) released statistics on union petitions and unfair labor practice charges for its 2024 fiscal year. The NLRB received 1,618 union petitions during the...more

By the Numbers – A Look at Union Activity in 2024 Thus Far

Constangy, Brooks, Smith & Prophete, LLP on 6/13/2024

2024 continues to be a busy year for the National Labor Relations Board, unions, and management. Nearly six months into the year, we have sufficient data to analyze the impact NLRB decisions such as Cemex Construction...more

First Court Decision Following Cemex Scraps Election Outcome that Defeated Union and Orders Employer to Bargain With Union

CDF Labor Law LLP on 5/23/2024

On May 14, 2024, the United States District Court of Massachusetts granted the National Labor Relations Board’s first petition for injunctive relief under the new framework announced last year in Cemex Construction Materials...more

NLRB puts kibosh on American tradition of whiskey for votes

Constangy, Brooks, Smith & Prophete, LLP on 4/18/2024

According to U.S. News & World Report, in 1758 George Washington was elected to the Virginia House of Burgesses after he plied voters with beer, whiskey, rum punch, and wine. He did so after a landslide loss three years...more

Rise of Union Elections

Bricker Graydon LLP on 3/14/2024

Last fall we discussed the monumental shift in the National Labor Relations Board’s (NLRB) procedures to allow unions to skip the lengthy election process if an employer fails to act upon demand for recognition. And...more

Union Election Petitions in 2024: The Story So Far; Employer Petitions Skyrocket, but Don’t Detract from Union Petition Rates

Benesch on 3/4/2024

The Fallout from the NLRB’s Cemex Decision - As we previously addressed, the National Labor Relations Board’s (NLRB) August 25, 2023, decision in Cemex Construction Materials Pacific, LLC overturned long-established...more

NLRB’s Latest Memo Serves as a Grinchy Reminder of Upcoming Changes for Representation Elections

Foley & Lardner LLP on 12/12/2023

As if it weren’t already clear that employers will be receiving only lumps of coal in their stockings from the National Labor Relations Board (NLRB) this year (see e.g., here and here), on December 8, 2023, the NLRB’s General...more

The NLRB Changes the Rules: The CEMEX Decision

Maynard Nexsen on 12/6/2023

CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC - In August of this year, the National Labor Relations Board (“NLRB”) issued a seminal decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), in which the...more

Practical Impacts of the ‘Cemex’ Decision

BakerHostetler on 12/1/2023

The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union...more

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on 11/30/2023

Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

Concerns Over Cemex Bargaining Orders

Benesch on 11/27/2023

On August 25, 2023, the National Labor Relations Board (“NLRB”) decided Cemex Construction Materials Pacific, LLC, which lowered the threshold for the Board to issue a bargaining order rather than re-run an election when it...more

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on 11/22/2023

Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the applicability of its new Cemex...more

New GC Memo Providing Guidance on Cemex Decision

Proskauer - Labor Relations Update on 11/9/2023

As recently discussed, the National Labor Relations Board (“NLRB”) issued a major decision this summer in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). The decision gave labor unions the upper hand in...more

NLRB Issues Insight into Cemex Decision

Stevens & Lee on 11/9/2023

Last week, the National Labor Relations Board (NLRB) Office of the General Counsel (GC) issued an instructive memorandum to all Regional Directors outlining its position on the recent Cemex decision. Although this highly...more

Key Takeaways From the 28th Annual Bernard Gottfried Labor Law Symposium

Faegre Drinker Biddle & Reath LLP on 11/2/2023

On October 19, 2023, Faegre Drinker Partner Ryan Funk gave remarks at the 28th Annual Bernard Gottfried Labor Law Symposium, which was sponsored by the National Labor Relations Board, the Wayne State Law School, and the State...more

NLRB Eases Union Recognition, Shortens Election Cycles

Laner Muchin, Ltd. on 10/25/2023

Cemex Decision In Cemex Construction Materials Pacific (372 NLRB No. 130), the NLRB ruled that an employer must either recognize a union that seeks to represent its employees or else file its own petition for an election....more

That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”

Proskauer - Labor Relations Update on 9/28/2023

As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on 9/26/2023

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of...more

Manufacturers Beware: New, Easier Union Representation Process

Robinson+Cole Manufacturing Law Blog on 9/18/2023

The NLRB has reversed decades of precedent and made it far easier for unions to represent employees, including manufacturers, without a secret ballot election. The NLRB’s new standard (announced in Cemex Construction...more

Cemex Construction NLRB Decision

Akerman LLP - HR Defense on 9/18/2023

It’s a cruel summer for employers as the National Labor Relations Board (the “Board”) issued both new election rules, and a landmark decision that upended decades of precedent and lowered the threshold for the Board to issue...more

Cemex Decision Examined: How the NLRB Dramatically Changed the Unionization Process

Stevens & Lee on 9/13/2023

On August 25, 2023, the National Labor Relations Board (NLRB) issued a historic and paradigm shifting decision . In short, the NLRB dramatically changed the process of how a union can be formed in the workplace. Instead of...more

The Attack on Employer Free Speech Continues to Grow --- More States Enact Laws to Muzzle Employers on Educating their Employees...

Amundsen Davis LLC on 9/8/2023

Entering 2023, the union membership rate dropped to a new historic low of 10.1%. Among private sector workers, the numbers were even more bleak for unions: just 6% of the overall private sector workforce is now unionized...more

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