On August 25, 2023, the NLRB gave a major victory to unions and allows unions to represent employees without a formal vote. The decision is Cemex Construction Materials Pacific, LLC. The new procedure requires employers to recognize a union when the union demands recognition based on a claimed majority showing support. The union does not need to file a representation petition. However, the new framework puts the burden on the employer to file an NLRB petition promptly if they decline to recognize the union. This is what is known as an RM Petition. The decision goes on to hold that if the employer engages in unfair labor practices that would require setting aside an election, the petition will be dismissed, and the NLRB will order the employer to recognize and bargain with the union. This is a major change in procedures. Employers need to be alert to this and to get counsel immediately if they receive a recognition demand from a union. You can read Friday’s NLRB press release here and the decision here. 

Questions? Contact attorney Richard Wessels in our St. Charles office at (630) 377-1554 or by email.