An NLRB administrative law judge (ALJ) in late September issued the first bargaining order under the Board's new Cemex standard. Y.N.S.A., Inc. v. UFCW Local 1445. While the ALJ ruling can be appealed to the Board, the case sends a clear message to management that a new doctrine has been implemented. The company had refused to recognize the union, which lost a secret ballot election 17-11. The ALJ said the demand for recognition represented a majority of the bargaining unit, that the signatures on the authorization cards were authenticated, and there was no evidence that any of the workers that had signed cards changed their mind. The ALJ further found that the company had committed unfair labor practices that would warrant setting the election aside.
Before the Cemex decision, the Labor Board only issued a bargaining order when unfair labor practices were so serious it was virtually impossible to have a fair re-vote. The Cemex decision changed and lowered the standard saying an employer will be ordered to bargain with the union if it commits any unfair labor practice that would require an election to be set aside.
This article is part of our January 2024 Newsletter.
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