The National Labor Relations Board (“NLRB”) issued a decision in Cemex Construction Materials Pacific, LLC announcing a new framework for determining when employers are required to bargain with unions without a representation election. In the decision, the NLRB overruled the long-standing standard in Linden Lumber because, in the Cemex majority’s view, it was inadequate to
On March 24, 2020, the National Labor Relations Board (NLRB) decided to postpone the effective date of its final rule modifying the Agency’s regulation on union representative-case procedures, from April 16, 2020 to May 31, 2020, in order to facilitate the resolution of legal challenges.
The NLRB’s final rule, which rolled back some of the burdensome requirements of the “quickie election” rule issued under the Obama Administration, was published on December 13, 2019. Many employers argued that the original quickie election rule stripped them of the proper due process that they should have been afforded when served with a union representation petition. Further, employers complained that the rule inherently shortened the election campaign timeframe and impeded those employers that had hoped to give employees guidance about union representation, leaving such employees with substantially less time to consider important facts necessary for making a thoughtful choice during a union election.
Continue Reading NLRB extends effective date of its final rule modifying representation case procedures – Now effective May 31, 2020