UNION BUSTERS GET THEIR COMEUPPANCE: NLRB RULING SENDS THEM BACKING
In honor of Labor Day, the National Labor Relations Board (NLRB) has gifted us with a new ruling that promises to make unionization easier for firms that break the law while resisting organizing campaigns. Finally, a win for the little guy! Or is it?
The ruling, issued on August 25, 2023, in the case of Cemex Construction Materials Pacific, LLC, has sparked controversy and confusion among both employers and employees alike. But fear not, dear readers, for we have broken down the new framework into bite-sized pieces that even the most anti-union boss can understand.
First of all, let's talk about the old standard, the Joy Silk standard. Under this standard, an employer was required to bargain with a union unless they had a "good-faith doubt" of the union's majority status. Sounds reasonable, right? Well, the new framework takes things a step further.
Now, when a union requests recognition based on a majority of employees in an appropriate bargaining unit designating them as their representative, the employer must either recognize and bargain with the union or file an RM petition seeking an election. But here's where things get interesting: if the employer seeks an election and then commits any unfair labor practices that would require setting aside the election, the petition will be dismissed, and the Board will order the employer to recognize and bargain with the union. Boom.
But wait, there's more! The new framework also aims to address the problems of long delays and unlawful union-busting tactics that often occur during unionization campaigns. It's like the NLRB is saying "Hey, we see you over there trying to intimidate your employees into not unionizing. Knock it off!"
So what does this mean for employers? Well, it means that they now have the option to pursue a Board election but also run the risk of having to immediately recognize and bargain with the union if they engage in any shady behavior during the election process. It's like playing a game of labor relations Jenga - one wrong move and everything comes crashing down.
But what about employees? The new framework promises to make unionization easier at firms that break the law while resisting organizing campaigns. Hooray for workers' rights! However, it remains to be seen how effective this ruling will be in practice. Will employers simply find new and creative ways to skirt around it? Only time will tell.
In the case of Cemex, the Board found that the employer engaged in more than 20 instances of objectionable or unlawful misconduct during the critical period between the filing of the election petition and the election. The Board ordered Cemex to bargain with the Teamsters union, which had lost the election by a narrow margin. Talk about a nail-biter!
Labor advocates have hailed this ruling as a victory for the US labor movement, which has seen a resurgence in recent years. And what better way to celebrate Labor Day than with a win for workers everywhere? So go ahead and raise a glass (or a picket sign) to this new framework - just be sure to watch your back if you're an anti-union employer. The NLRB is watching you.
US labor movement celebrates new regulation to counter union-busting | US unions | The Guardian https://www.theguardian.com/us-news/2023/sep/02/union-nlrb-decision-delays-busting
Union Busting: Last Week Tonight with John Oliver (HBO) https://www.youtube.com/watch?v=Gk8dUXRpoy8
Who Are the Union Busters? https://www.nysut.org/resources/special-resources-sites/fight-back/who-are-the-union-busters
THE DEFT DIVE
FROM BING AI
The new NLRB framework is a decision issued by the National Labor Relations Board on August 25, 2023, in the case of Cemex Construction Materials Pacific, LLC². It is a new standard for determining when employers are required to bargain with unions without a representation election².
The new framework aims to effectuate employees' right to bargain through representatives of their own choosing and improve the fairness and integrity of Board-conducted elections². It also addresses the problems of long delays and unlawful union-busting tactics that often occur during unionization campaigns¹.
Under the new framework, when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election². However, if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed, and—rather than re-running the election—the Board will order the employer to recognize and bargain with the union².
The new framework differs from the historical Joy Silk standard, which required an employer to bargain with a union unless it had a good-faith doubt of the union's majority status². The new framework gives employers the option to invoke the statutory provision allowing them to pursue a Board election, but also disincentivizes them from committing unfair labor practices during the election process².
The new framework was applied retroactively in the case of Cemex, where the Board found that the employer engaged in more than 20 instances of objectionable or unlawful misconduct during the critical period between the filing of the election petition and the election². The Board ordered Cemex to bargain with the Teamsters union, which had lost the election by a narrow margin¹.
The new framework has been welcomed by labor advocates as a useful victory for the US labor movement, which has seen a resurgence in recent years¹. It is expected to make unionization easier at firms that break the law while resisting organizing campaigns¹. However, it may also face legal challenges from employers who oppose it³.
Bing, 9/2/2023
- (1) Board Issues Decision Announcing New Framework for Union Representation .... https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-announcing-new-framework-for-union-representation.
- (2) US labor movement celebrates new regulation to counter union-busting .... https://www.theguardian.com/us-news/2023/sep/02/union-nlrb-decision-delays-busting.
- (3) NLRB Says Companies That Union-Bust Must Recognize Busted Union - Gizmodo. https://gizmodo.com/nlrb-new-guidelines-for-union-busting-1850775649.
- (4) Labor Board Ditches Trump-Era Framework for Workplace Rules (1). https://news.bloomberglaw.com/daily-labor-report/labor-board-ditches-trump-era-framework-for-workplace-rules.
