NLRB Dramatically Resets the Union Election Process With Traps for the Unwary
Highlights
The National Labor Relations Board is dramatically changing the union election process with its decision in Cemex Construction Materials, requiring employers presented with a union demand for recognition to file a representation petition
The Cemex decision also contains potential land mines for employers that lack significant HR, employee relations and legal support that may result in employers having unions foisted on them
Combined with the “quickie” election regulations reinstated recently, the union representation process will now happen on an accelerated time schedule as was done during the Obama years
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.
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