Employers that are confronted with a union demand for recognition should expect a process weighted much more in favor of unions, according to new guidance issued by the NLRB General Counsel clarifying questions about the Cemex standard.
In the nation's first application of the NLRB's Cemex standard, an administrative law judge ordered an employer to bargain with a union after the union lost a representation election, based on the employer's unlawful labor practices.
Updated with respect to the National Labor Relations Board’s August 2023 Stericycle ruling, which adopted a new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act.
The NLRB's Cemex ruling upends the process for requesting union elections in place for more than 50 years and is expected to make it easier for unions to win recognition as employees' bargaining representatives.
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