How the UAW can use the Cemex Decision to overturn election loss

Richard Mack Jr., a worker and union lawyer with Miller Cohen, P.L.C. in Detroit, joined the America’s Work Force Union Podcast to talk about a potential way forward for the UAW to still represent workers at the Mercedes-Benz in Alabama despite losing the union election.

Many wonder what is next for the UAW after the disappointing union election loss at the Mercedes-Benz plant in Alabama. Mack talked about a way forward for the union that could result in the union vote being thrown out. He explained that the UAW can use the Cemex Decision to their advantage. The Cemex Decision set a precedent for a union to represent workers after a loss in a union election if the employer committed Unfair Labor Practice violations before the vote. 

Mack explained the process to have a vote overturned using the Cemex Decision in great detail, including six specific steps to follow. After losing the election, the UAW has started to follow the steps he outlined, Mack said, with President Shawn Fain contesting the election results with the NLRB.

Finally, Mack talked about using the NLRB’s desire to protect all workers to help create organizing opportunities for unions. Jennifer Abruzzo, General Counsel for the NLRB, has previously stated that the NLRB is here to protect all workers from having their rights violated by employers, not just those in the Labor Movement. Mack discussed how he’s been instructing unions to look out for ULP violations at non-union shops and assist those members in filing a claim with the NLRB. While the purpose is to help give workers protection, no matter their affiliation, this has more often than not resulted in an organizing request from non-union shops after seeing the union benefits in action, Mack said.

Listen to the show above to hear more from Mack on the UAW’s potential path to representing workers at Mercedes.