"Single" ULP Can Trigger Bargaining Order without Vote, According to NLRB Prosecutor

The dangers of the new NLRB rule in Cemex are emphasized in last month's newsletter, whereby an employer can be ordered to bargain with a union where the employer does not itself file an election petition within two weeks and/or commits unfair labor practices that would warrant setting aside an election, even though they are not severe.  In the November 2, 2023 Guidance, NLRB General Counsel, Jennifer Abruzzo warns that employers could be hit with bargaining orders if they fail to recognize a union or commit "even one" unfair labor practice in the run-up to a representation election.  The NLRB may do so if an employee commits any Labor Law violations (even non-serious violations).  NLRB administrative law judges have already handed down Cemex bargaining orders in at least two cases.

Additionally, employers need to plan and implement their union-free prevention programs including the training of managers and supervisors concerning how to respond.  It is vital to prevent supervisors from unknowingly committing unfair labor practices that would lead to a bargaining order without an election. 

Please feel free to contract this firm for information at 404-365-0900 or jww@wimlaw.com if you need information on such preventive plans and programs.

This article is part of our December 2023 Newsletter. 

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