Posts tagged Cemex
Employee Advocate Issues Legal Notice After Labor Board Fast-Tracks Union Control Over Workers Without Secret Ballot Votes
October 7, 2023 // The notice explains that all employees have the right to refuse to sign a union authorization card, and to revoke any union authorization card they previously signed. It also reminds workers that “it is a good practice to inform both the union and your employer in writing that you revoked the card so that the union and your employer do not wrongfully count you as a supporter of union representation during a card check.” Workers also have the right to “sign and circulate cards or petitions against union representation, on non-work time and in non-work areas,” the notice states. Such petitions or cards can be used later to request the NLRB hold an election at the workplace to remove (or “decertify”) the union, and can also be provided to the employer as evidence to contest union claims of majority support. The notice provides links to sample letters revoking union authorization cards and sample union decertification petitions. “If you have questions about your rights during a union organizing campaign, you can contact Foundation staff attorneys for more information and assistance with exercising your rights,” the notice concludes.
Op-ed: Workplace Democracy Dies in Darkness at the NLRB
September 19, 2023 // A current unionization campaign shows the threat. After losing an April election at a New York City store, the Trader Joe’s United union claimed that management tainted the election. How? By informing their employees about the company’s views on unionization and putting limits on posting union flyers on bulletin boards and break-room tables. The union wants the NLRB to force Trader Joe’s to bargain, yet regardless of whether that happens, unions will take advantage of Cemex and launch a new wave of organizing campaigns, even ones they’d normally lose. The Cemex decision should be seen for what it really is: A blatant handout to unions — and a blatant assault on workers and job creators. The best answer to the NLRB ruling is the Employee Rights Act, which, among other things, would permanently ban card check and protect workers’ right to a secret ballot. Workers would get a second election instead of being forced into an unwanted union. Businesses and workers are also likely to challenge the NLRB in federal court. They deserve to succeed. If unions want to represent workers, they should win a vote in a free and fair election.
Why you should care about the Cemex decision
September 13, 2023 // Up until the recent Cemex decision, employers could deny recognition of these authorization cards. In such cases, the union would need to petition the NLRB for a secret ballot election. However, under the new standard set by Cemex, the responsibility to petition for a secret ballot election now rests with the employer (with a suggested 14-day time limit). If the employer fails to do so, the union will be certified based on the original card check. Additionally, if the NLRB determines that the employer engaged in unfair labor practices during the election period, it can reject the election petition and certify the union based on card check. So, what does all this mean? It’s now easier for private sector unions to use card check to gain a foothold in workplaces, potentially leading to an increase in coercive practices and intimidation.
Opinion: LES Trader Joe’s workers could still unionize New NLRB rule could upturn result
September 7, 2023 // According to the new union-friendly framework, if during the period between when workers file a unionization petition and hold an election, the board determines that the employees’ company engaged in unfair labor practices sufficient enough to have affected the vote, the NLRB can order the company to bargain with its workers, regardless of election results. A lawyer representing the Trader Joe’s United union, Seth Goldstein, told The Chief last week that he had filed more than a dozen unfair labor practices charges against the company with the NLRB since the workers first petitioned to unionize early this year.
A FIRST-OF-ITS-KIND UNION RAMPS UP EFFORTS TO SWEEP THE SOUTH
August 30, 2023 // The Union of Southern Service Workers began making headlines last fall after formally christening themselves during a rally in Columbia, South Carolina. This union holds some familiar attributes, given that it began as an offshoot of Raise Up, the Southern leg of the SEIU’s Fight for $15 initiative. Yet this is no ordinary effort by the SEIU, for the USSW purports to not only be “built by and for low-wage workers” but also stretches across many industries. A key distinction: The union frames itself as a cross-sector organization, designed to retain members even if they job-hop between industries, i.e., fast food, retail, hotel, nursing home, warehouses, etc.