1 min read

Season 5, Episode 120

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

Miller Cohen


Guest Name:

Richard Mack, Jr.

Guest Website:

Miller Cohen, P.L.C. 

Guest Social Media:





Supportive Documents:

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.

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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