NLRB Evicerates Employee Right to Vote on Workplace Unionization
Constangy Brooks, Smith & Prophete, LLP
The National Labor Relations Board announced Friday that it will, effective immediately, utilize an entirely new process for union recognition and bargaining for private-sector employers. Under the new standard announced in Cemex Construction, a union that obtains signatures from a majority of the employees in an appropriate bargaining unit can demand the employer to recognize the union. The employer MUST respond to such demand by filing a petition with the Labor Board requesting an election within fourteen (14) days (absent extenuating circumstances). If the employer does not timely file this petition with the Labor Board it MUST recognize the union without the employees ever getting a chance to actually vote in a secret ballot election. In addition, if the employer does file the petition for an election and commits ANY unfair labor practices during the election period, the election can be permanently halted and the union can seek a bargaining order requiring the employer to bargain without the employees ever having the chance to vote. This dramatic change in the democratic voting process for employees to select or reject a union in their workplace eliminates a fair election process that has been in place for more than sixty (60) years and eliminates a fundamental tenet of workplace democracy. As a result, employers MUST be aware of the new standards and the new stringent time periods to respond and MUST ensure that any actions they take in response to union organizing comply with the law. Most employers will also need to consider proactive labor relations training for management and, perhaps, even non-management employees who unions may target to reduce the risk of forced recognition by the Labor Board.
If you have yet signed up for the GEA/Constangy Fall Conference on September 26, our speakers will discuss the decision in detail and what steps you need to take to protect your business!
Links from the NLRB are below:
