NLRB Dramatically Resets the Union Election Process With Traps for the Unwary

For decades, if a union demanded recognition based on signed union authorization cards, the employer could simply decline recognition, and the union would be required to file a representation election (RC) petition with the National Labor Relations Board (NLRB) requesting an election. Only if the union won the election and was certified as bargaining representative would the employer be obligated to bargain with the union. Under the NLRB’s Cemex Construction Materials decision issued Aug. 25, the NLRB is dramatically changing that process.