For decades the bosses have gotten away with undermining unionization attempts. Workers United has filed 80 unfair labor practice charges against Starbucks. And the National Labor Relations Board (NLRB), which is tasked with enforcing labor law, did little to shut down the intimidation. But a recent NLRB decision, Cemex Construction Materials Pacific, LLC, changes this dynamic.
Cemex states that when there is a majority of union authorization cards signed, the bosses can either recognize the union or file for an election. If the employer commits any unfair labor practices in the run up to the election, the union is automatically recognized and bargaining begins. This is a definite win for labor.
This decision means that notorious union busters, like Amazon, can’t stall for years, fire labor organizers, or conduct the rest of the Right-to-Work playbook. The Cemex decision does have a legal loophole. Employers have two weeks to contest whether the union represents a majority of workers. Undoubtedly this will be the next battlefield.
For now, Cemex is a step forward for labor rights.
