Posts tagged Cemex
National Right to Work Foundation Files Brief in Case to Overturn Anti-Worker Biden-Era Labor Board Decision
September 13, 2026 // NLRB’s Cemex precedent conflicts with federal law, wrongly promotes abuse-prone ‘card check’ organizing to detriment of employee rights
Opinion: The Teamsters Return to Ugly Type
September 9, 2026 // Video footage we’ve seen shows Teamsters blocking a motorcyclist who worked for an Amazon contractor from entering the facility. The worker circled around and tried to bypass their blockade, but in the process knocked down two protesters and crashed on his bike. Teamsters then beat him up as he lay on the ground. The motorcyclist and the two protesters who were knocked down were hospitalized. It may have been imprudent for the worker to try to circumvent the protesters, but he was trying to make a living by showing up for his job.
Biden’s NLRB stole workers’ secret ballot. It’s time to give it back
September 8, 2026 // It’s hard to overstate how harmful — and insulting — the Cemex decision has been to workers. Before the Biden-era NLRB handed down this decision, unionization elections typically followed a straightforward process. Unions kicked things off by convincing workers to sign cards in support of unionization. The union then presents the cards to the employer, demanding that management recognize the union via “card check” or hold a secret-ballot election.
Opinion: Biden made poor labor choices. I had a front-row seat.
September 5, 2026 // With three Republican votes, the NLRB is well positioned to address these — and many other — poor decisions that have exacerbated the board’s backlog. I know from experience that there will never be a quiet docket. But I also know that the number of open claims will shrink further if the board restores standards that are grounded in law and common sense. The NLRB already has the cases to overturn the board’s old rulings. It has the authority. Now it has the votes — and the duty to act.
A Federal Court Limits the NLRB’s Power to Force Union Bargaining: What Hospitality Employers Should Know
May 5, 2026 // On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown-Forman Corp. v. National Labor Relations Board. The case addresses how the National Labor Relations Board (Board) may impose bargaining orders when employers interfere with union organizing campaigns
Cemex Survives: Board Declines Chance to Overturn Novel Representation Framework
April 12, 2026 // While many expected that the Board in Trump’s second administration would quickly overturn Cemex, likely via a representation petition – the procedural posture where the issue would first come up – the decision in St. John’s College indicts just the opposite. The Board’s approach here instead appears consistent with the Board’s broader current goal of clearing its substantial backlog, which has led to the Board ruling narrowly in some recent cases. The Board did somewhat expand an employer’s ability to file an RM petition to test a union’s majority status more than two weeks after it received a demand for recognition, but left open the key question of whether a “late” filed RM petition would serve as a defense to a later unfair labor practice charge. We will need to wait for a later unfair labor practice case in order to gain clarity on this important question.
Potential Falsehoods by the Teamsters Create Opening for Reliable Union Elections
March 30, 2026 // Because in later testimony, BTS employees testified that the lead organizer who claims he was on site soliciting cards on April 23 was never there. Nor, workers testified, were any cards at all signed that day. In addition, there were only 40 drivers on hand that morning, not 46. And finally, BTS employed more than 91 drivers and dispatchers, meaning that, even if 46 cards had been signed, that would not constitute a majority. Therefore, if the workers’ testimony is correct, the majority needed to form a union did not exist.
Sixth Circuit Rejects NLRB’s Cemex Bargaining Order Framework
March 15, 2026 // On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown‑Forman Corporation d/b/a Woodford Reserve Distillery v. National Labor Relations Board, rejecting the Board’s controversial 2023 Cemex Construction framework, which altered the longstanding standard for union recognition and expanded the circumstances under which the Board could issue bargaining orders—even when a union did not win an election.
Editorial Board: In defense of the secret ballot
March 15, 2026 // In the case decided by the 6th Circuit, Brown-Forman challenged the basis for the NLRB’s Cemex ruling and won. The supposedly unfair labor practice committed at its Woodford Reserve bourbon distillery was giving workers a $4-per-hour raise, expanding merit-based salary increases, offering more vacation time and providing free bottles of bourbon. The employees voted 45-14 against unionizing, but the NLRB ordered the company to bargain with that union anyway. The advantage of secret-ballot elections is that workers are free of coercion by unions or employers when deciding whether they wish to unionize. It also ensures that their decisions are anonymous, so they won’t fear retaliation or harassment by aggressive union organizers or the people who pay their salaries. A secret ballot is far more likely to reflect their true views.
Letter to NLRB General Counsel Crystal Carey: Refocusing Federal Labor Policy on Worker Choice and Due Process
March 11, 2026 // The Coalition to Protect American Workers (CPAW) and the Institute for the American Worker (I4AW) today sent a joint letter to NLRB General Counsel Crystal Carey urging swift action to reverse Biden-era labor policies that erode worker choice, restrict employer free speech, and weaponize procedural tools to block workers from voting on their own representation. The letter urges General Counsel Carey to prioritize three reforms: cementing secret-ballot elections as the foundation of representation decisions; restoring Employer Meetings on Unionization so workers hear both sides before they vote; and ending blocking charges that freeze elections while investigations proceed.