Showing 2 posts in Secret Ballot.

NLRB Reverses 50-Year Precedent and Lessens Standard for a Bargaining Order Without a Secret Ballot Election

The National Labor Relations Board (NLRB) reversed over fifty years of established precedent on August 25, 2023, when it decided to overrule its 1971 decision in Linden Lumber and reinstate a modified version of its 1949 Joy Silk doctrine. The practical impact of the NLRB's decision in Cemex Construction Materials Pacific, LLC is that recourse to a private ballot election to test a union's claim of majority support may decline. This decision also likely will limit the right of employees to a private ballot election free of coercion as they decide whether to support a union as their exclusive bargaining representative. More ›

General Counsel of NLRB Seeks to Revoke Right of Employers to Recognize a Union on a Voluntarily Basis and Insist on a Private Ballot Election

Voluntary recognition of a union as the exclusive bargaining representative for employees within an identified bargaining unit of the employer can have potentially game-changing consequences for an employer. However, if the National Labor Relations Board (NLRB or Board) agrees to adopt the position of its General Counsel in a brief filed on April 11th in Cemex Construction Materials Pacific, LLC, No. 28-CA-230115., the landscape regarding union representation of employees in the workplace will change dramatically. It will become much easier for unions to organize and more difficult for employers to insist upon a private ballot election. Employees also will lose the right to vote in a private ballot election in many situations. More ›