Unionization: How Employers Can Navigate the New Labor Landscape

Will your workforce soon attempt to organize? Nationally, the number of union election petitions and strikes are up,  President Joe Biden recently joined a picket line, and a recent decision from the National Labor Relations Board has cleared the way for unions to represent employees, even in cases where the employees voted against unionization.

This summer, the NLRB made a significant decision in Cemex Construction Materials Pacific, LLC that overturned a 50-year-old precedent in favor of labor unions during union elections. The ruling replaces the previous standard, allowing unions to demand recognition based on a majority of employee-signed cards. Employers must now either recognize the union and negotiate or file a petition for a Board-conducted election.

This decision also introduces a more lenient approach to remedial bargaining orders, potentially forcing employers to bargain even after unfair labor practices. The ruling applies retroactively, and its impact on employer-union dynamics awaits potential legal challenges and Supreme Court review. Employers are advised to be vigilant and consider educating employees preemptively.

Learn about what these actions mean for your business in a free, upcoming webinar! Join us from 11 a.m. to noon on Wednesday, November 29, and hear from renowned labor law experts from McNees Wallace & Nurick on how to navigate the ever-changing labor landscape! To register for this FREE webinar, please click here.



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