NLRB decision in CeMex case gives workers the ability to fight back

Labor lawyer Andrew Strom joined the America’s Work Force Union Podcast to discuss the recent decision by the National Labor Relations Board in the case against CeMex. Strom explained the decision’s impact on organizing efforts and how it helps provide workers with a way to fight illegal activities by their employer.

August was a boom for workers after a series of decisions made by the NLRB, led by decision in the CeMex case. The employer ran a stereotypical anti-union campaign, and following the campaign, the vote denied the union. The case focused on the timing of the anti-union action and whether there was a valid reason for the delay if not a bargaining order would be issued using a vote held during filing for an election.

This decision opens the door for future organizing efforts to be able to pass without an election vote. If there is a bargaining order issued by the NLRB, then the results of the election would be based on a majority vote held at the time the election notice was filed. This doesn’t stop employers from participating in anti-union campaigns. However, this could provide unions a way to defeat the campaigns and avoid the delay tactics workers often face from their employer, Strom said.

It is important to note there is no guarantee a bargaining order will be issued for every complaint of anti-union actions filed with the NLRB. Organizers still need to ensure they do their best to avoid forcing a decision from the board, Strom said. While it provides a way for workers to fight against the illegal actions of employers, it’s not fool-proof. Running a solid organizing and educational campaign is the true key to proper organizing, but this is a step that favors the workers, Strom said.

To learn more on the NLRB’s decision please press play on the episode above.