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NLRB Upends 50 Years of Precedent, Narrows Employer Options for Secret Ballot Elections in Union Organizing Campaigns

August 29, 2023

Via: JD Supra

On August 25, 2023, the National Labor Relations Board (NLRB) issued a decision that significantly narrows employers’ options in contesting union organizing efforts through secret ballot elections. The case, Cemex Construction Materials Pacific, LLC, reverses the NLRB’s 1971 Linden Lumber decision, which gave employers the right to decline to recognize a union based on authorization cards alone and instead insist on an NLRB-supervised, secret ballot election. Employers will need to rewrite their playbooks for responding to organizing campaigns.

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