News & Analysis as of

Union Elections The National Labor Relations Act Cemex

Constangy, Brooks, Smith & Prophete, LLP

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

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

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

NLRB puts kibosh on American tradition of whiskey for votes

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

Bricker Graydon LLP

Rise of Union Elections

Bricker Graydon LLP on

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

Benesch

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

Benesch on

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

BakerHostetler

Practical Impacts of the ‘Cemex’ Decision

BakerHostetler on

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

Benesch

Concerns Over Cemex Bargaining Orders

Benesch on

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

Burr & Forman

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

Burr & Forman on

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

Robinson+Cole Manufacturing Law Blog

Manufacturers Beware: New, Easier Union Representation Process

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

Akerman LLP - HR Defense

Cemex Construction NLRB Decision

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

Stevens & Lee

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

Stevens & Lee on

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

Stokes Wagner

NLRB’s Cemex Decision Facilitates Union Recognition Even Without Elections

Stokes Wagner on

On August 25, 2023, the National Labor Relations Board (the “NLRB”) released its long awaited Cemex Construction Materials Pacific (“Cemex”) decision. See NLRB Case No. 28-CA-230115. The crux of the Cemex case revolved around...more

Paul Hastings LLP

NLRB Elevates Union Authorization Cards Over Secret-Ballot Elections to Compel Employers to Recognize Unions

Paul Hastings LLP on

For more than 50 years, the National Labor Relations Board had held — with Supreme Court approval — that when a union claimed to represent an employer’s workforce, the employer could refuse to recognize the union, leaving the...more

Constangy, Brooks, Smith & Prophete, LLP

NLRB limits employer opportunity to let employees vote on union representation

The National Labor Relations Board, by a 3 to 1 vote, has dramatically changed the playing field for employees seeking to exercise their Section 7 right to select a bargaining representative or to refrain from such. The...more

Ballard Spahr LLP

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

Ballard Spahr LLP on

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new,...more

Warner Norcross + Judd

Recent Agency Moves May Shake Up Employers

Warner Norcross + Judd on

Recent actions by the National Labor Relations Board (NLRB) and Department of Labor (DOL) may have significant implications for employers. First, the NLRB issued a decision in Cemex Construction Materials Pacific last week...more

FordHarrison

HEADS, I WIN – TAILS, YOU LOSE: The NLRB's Decision in Cemex and Its Recently (Re)issued Election Rules Pave the Way for Unions to...

FordHarrison on

Executive Summary: For nearly 90 years, whether employees desired union representation was determined through a secret ballot election administered by the National Labor Relations Board (NLRB or Board). Though the National...more

Littler

NLRB’s Cemex Decision - Not Exactly Card Check, but Awfully Close

Littler on

On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115.  Cemex involved allegations...more

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