New NLRB Procedure Lowers Threshold to Recognize Unionization

In a decision issued on August 25, 2023, the National Labor Relations Board (NLRB) established a new procedure that affects how a company must respond to union organizing. In Cemex Construction Materials Pacific, the NLRB stated that if a union claims to have at least a 50% +1 majority of the employees supporting unionization, the employer must either grant “voluntary” recognition without an NLRB election, or it must file its own NLRB petition seeking an election. If the company does neither of these things, it risks having the union file an unfair labor practices …

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