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NLRB Gives Organized Labor An Easier Path To Unionization

By Brian Kelly on August 25, 2023
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In a huge victory for organized labor earlier today, the National Labor Relations Board paved the way for unions to represent workers even without holding a formal representation vote. The NLRB did this through a decision by its Democratic majority in a case involving Cemex Construction Materials Pacific LLC.

The NLRB’s Cemex Construction decision resurrected parts of a representation framework that it originally developed in 1949. The current framework will now involve the following steps:

  • A union can request that an employer recognize it as the employees’ bargaining representative. A union can make this request on the basis that a majority of employees in an appropriate bargaining unit signed authorization cards.
  • Once the employer receives this request, it must either: (1) recognize and bargain with the union; or (2) promptly file a petition with the NLRB seeking an election. 

Importantly, if an employer files a petition seeking an election and then commits certain types of unfair labor practices, the NLRB can dispense with the election altogether and simply order the employer to recognize and bargain with the union. 

The NLRB justified imposing this framework on employers by concluding that it will better enable the NLRB to deter employers from interfering with union elections.

If you have questions about this or other Labor and Employment issues, contact Brian Kelly or another member of the Frantz Ward Labor and Employment Practice Group.

Photo of Brian Kelly Brian Kelly

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management…

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management in all phases of labor relations and employment litigation. Brian regularly represents employers in litigation before federal and state courts, administrative agencies and arbitrators involving employment discrimination and harassment, wrongful discharge, theft of trade secrets, breaches of non-compete agreements and other employment contract topics. Brian also has extensive experience counseling employers on employment topics ranging from FMLA and ADA compliance to reduction in workforce planning and implementation. In the labor relations area, Brian has significant experience in collective bargaining negotiation, union avoidance techniques and strike disputes. Brian has also developed and implemented personnel policies and in-house training programs on a variety of labor and employment law topics.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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