Employers that are confronted with a union demand for recognition should expect a process weighted much more in favor of unions, according to new guidance issued by the NLRB General Counsel clarifying questions about the Cemex standard.
In the nation's first application of the NLRB's Cemex standard, an administrative law judge ordered an employer to bargain with a union after the union lost a representation election, based on the employer's unlawful labor practices.
The NLRB's Cemex ruling upends the process for requesting union elections in place for more than 50 years and is expected to make it easier for unions to win recognition as employees' bargaining representatives.
Michigan's has repealed its right-to-work laws, and will permit collective bargaining agreements to require employees to join the union or pay fees to support it.