Cemex decision provides the perfect storm for union organizing

Longtime Labor Lawyer Joyce Goldstein, from Joyce Goldstein and Associates, joined the America’s Work Force Union Podcast to discuss the Cemex Decision made by the National Labor Relations Board and its impact on organizing.

The NLRB made a decision to overturned the 1970s decision that originally went against workers in August 2023. The decision overruled the Lincoln Lumber decision from 1974. The case is a game changer for Labor Law in the United States, and Goldstein is hopeful the new decision will be in place for a long time to help benefit workers.

The decision provides a great opportunity for organizing, according to Goldstein. The basic idea of the decision is to get employers to the negotiation table and shorten the timeline an employer can wait before engaging in negotiations, creating a two-week timeline for decisions on recognition for employers and for beginning contract negotiations. Goldstein explained the current process for earning union representation and a first contract. She then explained the changes to the law, which states that if a complaint is filed for unfair labor practices against the employer, the NLRB could order an employer to bargain with the Union without the Union winning the election.

This action is called a Cemex decision and greatly dissuades any unfair labor practices by employers. Not only does this apply to unfair labor practices, but it could also set a precedent that captive audience meetings would be considered an unfair labor practice, Goldstein said. She also explained how these changes will impact the future of organizing. However, Goldstein said the decision is currently being appealed, and that must be resolved before anything can move forward.

Hear more from Goldstein by listening to the show above.