In her recently-filed brief to the National Labor Relations Board (NLRB or Board) in Cemex Construction, 28-CA-230115, NLRB General Counsel, Jennifer Abruzzo, continues her campaign to significantly curtail longstanding employer rights under the National Labor Relations Act (NLRA), this time in response to union organizing campaigns, with the apparent goal of creating more collective bargaining relationships between unions and employers.
Although the statistics for the most recent 10-year period from 2012-2021 reveal that unions have won 66 percent (9,835 of 14,171) of the secret ballot elections conducted by the Board, in her Cemex brief, Ms. Abruzzo argues that seismic changes to well-established tenets of Board law concerning union organizing still must be made, including: (1) the establishment of an agency preference for voluntary “card check” recognition over confidential, anonymous secret ballot elections conducted by the NLRB, through a revival of the antiquated Joy Silk doctrine first announced by the Board in 1949, and then reversed 25 years later by the US Supreme Court in Linden Lumber,419 US 301 (1974); (2) abandoning 70-plus years of Board and US Supreme Court precedent permitting employers to exercise their Section 8(c) rights by requiring employees to attend “captive audience” meetings on company time in which the employer may freely express its views on union organizing to employees provided there are no threats of reprisal or promises...
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