Richard Mack Jr., a partner and labor lawyer at Miller Cohen, PLC — a law firm dedicated to serving workers and unions throughout Michigan — joined the America’s Work Force Union Podcast to discuss the impact the National Labor Relations Board’s Cemex Decision has had on organizing. Mack also discussed how he assisted union members during the Detroit bankruptcy proceedings in 2013.
The NLRB’s 1974 Linden Lumber Decision set the standard for union voting and employer penalties for committing an Unfair Labor Practice (ULP) for over 45 years. The NLRB’s August 2023 decision on the Cemex case, reset that standard. Now, unions can lose a union election vote but still have a union. Mack explained how this is possible and what steps organizers need to take to ensure they can utilize the changes in Labor Law following the decision. He discussed how the new law focuses more on signing a union card and protecting workers who sign a card from employee retribution.
The Cemex Decision is currently in effect, and Mack has been actively visiting local Unions to provide free educational training. The training uses a five-step process established by Mack and his team that organizers should follow to take advantage of the decision. Mack also discussed the importance of the unprecedented change in Counsel at the Department of Labor within President Joe Biden’s first six months. Mack said this is the time to organize, and he will do everything in his power to educate unions on how they can be successful during their next union vote.
Mack had previously handled the negotiations during the City of Detroit’s bankruptcy proceedings in 2013. He served as the chief lawyer for a coalition of nearly 30 City of Detroit unions. During the bankruptcy, Richard helped negotiate an ideal union contract that provided employment stability and some compensation increases for workers. He also obtained retired city workers protection for their retirement benefits.
Listen to the show above to hear more about the impact of the Cemex Decision on union organizing campaigns.