ADVOCATE
AN ATTACK ON THE MERITSHOP: NLRB's Decision Overrules Half-Century Precedent On Aug. 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific, LLC, which imposes a new framework that greatly expands the Board’s ability to impose unions on employees without a secret ballot election. The Board’s decision overrules precedent that has stood for over half a century. The ABC-led Coalition for a Democratic Workplace issued the following statement from ABC Vice President of Legislative & Political Affairs and CDW Chair Kristen Swearingen: “The Board’s decision to force unions on employees without an election is contrary to the law and the fundamentals of workplace democracy. Employees deserve the right to decide whether or not they want union representation through a secret ballot election. The Board should be protecting this right and doing everything in its power to promote employee participation in elections—not forcing unions on employees based on unreliable authorization cards. The Board decision overrules precedent that has stood for over half a century and been upheld by the U.S. Supreme Court. As dissenting Member Kaplan explained, the new standard will have ‘the primary effect of negating the rights of current employees rather than furthering them’ and therefore ‘defeats, rather than effectuates, the policies of the [Act].’
The following statement can be attributed to CDW Chair Kristen Swearingen:
“The Board’s decision to force unions on employees without an election is contrary to the law and the fundamentals of workplace democracy. Employees deserve the right to decide whether or not they want union representation through a secret ballot election. The Board should be protecting this right and doing everything in its power to promote employee participation in elections – not “Not only is CDW disappointed in the ruling, but we’re forcing unions on employees based on unreliable authorization disappointed that the Board chose to move forward with such cards. The Board decision overrules precedent that has stood for a fundamental change to labor law without seeking input from over half a century and been upheld by the Supreme Court. As stakeholders. This is more concerning given that CDW and others dissenting Member Kaplan explained, the new standard will have specifically called on the Board to invite amicus briefs in the case. ‘the primary effect of negating the rights of current employees The regulated community should have had an opportunity to rather than furthering them’ and therefore ‘defeats, rather than express their concerns before such a radical change to policy was effectuates, the policies of the [Act].’ made.” “Not only is CDW disappointed in the ruling, but we’re On May 3, 2022, ABC joined CDW in submitting a motion that disappointed that the Board chose to move forward with such requested the NLRB to solicit amicus briefs in Cemex in response a fundamental change to labor law without seeking input from to the general counsel’s request that the Board overrule multiple stakeholders. This is more concerning given that CDW and others longstanding and significant Board precedents in the case. specifically called on the Board to invite amicus briefs in the case. The regulated community should have had an opportunity to The legal analysis from Littler elaborates further on this decision express their concerns before such a radical change to policy was and its implications, shedding light on the need for an open made.” dialogue around these issues. Read more here - https://www.littler. com/publication-press/publication/nlrbs-cemex-decision-not-exactlyAct now to shape workplace democracy. Your voice is crucial. card-check-awfully-close Engage, join the Government Affairs Committee and make your opinions count. Stand up for a balanced, democratic workplace NLRB EXPANDS AUTHORITY TO FORCE UNION ON today. EMPLOYEES WITHOUT ELECTION AND IGNORES Source: https://www.abc.org/News-Media/Newsline/abc-disappointed-in-nlrbsLEGAL PRECEDENT AND STAKEHOLDER REQUESTS cemex-decision FOR OPPORTUNITY FOR PUBLIC COMMENT On August 25, 2023, the National Labor Relations Board issued its decision in Cemex, imposing a new framework which greatly expands the Board’s ability to impose unions on employees without a secret ballot election. The Board’s decision reverses a half-century of NLRB precedent and is at odds with long-standing Supreme Court rulings. The Board also made this major policy change without soliciting input from the public via comment or amicus briefs and rejected CDW’s request to allow for amicus briefs.
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BUILDING Central Florida 2023 - OCTOBER
Join the ABC Central Florida Government Affairs Committee! Learn more at the Committee Open House – November 7, 2023 Contact Taylor Dupree at tdupree@abccf.org to RSVP or email for more information.
