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Season 5, Episode 10

Cemex decision provides the perfect storm for union organizing

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Joyce Goldstein

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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.


America’s Work Force is the only daily labor podcast in the US and has been on the air since 1993, supplying listeners with useful, relevant input into their daily lives through fact-finding features, in-depth interviews, informative news segments and practical consumer reports. America’s Work Force is committed to providing an accessible venue in which America's workers and their families can hear discussion on important, relevant topics such as employment, healthcare, legislative action, labor-management relations, corporate practices, finances, local and national politics, consumer reports and labor issues.

America’s Work Force Union Podcast is brought to you in part by our sponsors: AFL-CIO, American Federation of Government Employees, American Federation of Musicians Local 4, American Alliance for Manufacturing, Anthem Blue Cross Blue Shield, Columbus/Central Ohio Building and Construction Trades Council, Communication Workers of America, International Association of Heat and Frost Insulators and Allied Workers, International Association of Heat and Frost Insulators and Allied Workers Local 50, International Brotherhood of Teamsters, International Federation of Professional and Technical Engineers, International Union of Bricklayers and Allied Crafts, International Union of Painters and Allied Trades District Council 6, Ironworkers Great Lakes District Council, The Labor Citizen newspaper, Laborers International Union of The National Labor Office of Blue Cross and Blue Shield, North America, North Coast Area Labor Federation, Ohio Federation of Teachers, Survey and Ballot Systems, United Labor Agency, United Steelworkers.

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