Last Friday, the National Labor Relations Board released its most important ruling in many decades. In a party-line decision in Cemex Construction Materials Pacific, LLC, the Board ruled that when a majority of a company’s employees file union affiliation cards, the employer can either voluntarily recognize their union or, if not, ask the Board to run a union recognition election. If, in the run-up to or during that election, the employer commits an unfair labor practice, such as illegally firing pro-union workers (which has become routine in nearly every such election over the past 40 years, as the penalties have been negligible), the Board will order the employer to recognize the union and enter forthwith into bargaining.
The Cemex decision was preceded by another, one day earlier, in which the Board, also along party lines, set out rules for representation elections which required them to be held promptly after the Board had been asked to conduct them, curtailing employers’ ability to delay them, often indefinitely.
Taken together, this one-two punch effectively makes union organizing […]
Excellent News! Finally, there may be some balancing between the powers of the management and that of the worker. A long over due process. Optimismshould be tempered however, as the article states: ” The White House renominated Wilcox for a five-year term some time ago, and Bernie Sanders’s Senate Labor Committee has sent her nomination to the floor, with all the committee Democrats plus Alaska Republican Lisa Murkowski voting to do so. For whatever reason, however, both the Biden administration and Democratic Senate Majority Leader Chuck Schumer have put the floor vote on hold, perhaps in the vain hope that Senate Republicans will put forth their nominee, which Republicans have made obvious that they have no intention of doing. As a result, the Board is about to go down to three members, and become effectively inert.” The Board can do nothing until this nomination is acted upon, and employers can indefinately stall negotiations. We have a long way to go before achieving anything like parity.