NFIB Disputes New NLRB Ballot Election Standard at Ninth Circuit Court of Appeals

Date: February 09, 2024

Cemex v. NLRB concerns union representation elections

WASHINGTON, D.C. (Feb. 9, 2024)NFIB filed an amicus brief in the case Cemex Construction Materials Pacific, LLC, v. National Labor Relations Board (NLRB) at the United States Court of Appeals for the Ninth Circuit. The case concerns a new NLRB framework for union representation elections.

“The new standard affects various small businesses across the country,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “The NLRB ignored precedent and rolled out an unreasonable standard by putting the burden on employers to petition the NLRB for a secret ballot election. At a minimum, the Board should adhere to normal procedure and allow public input for new standards that will affect employers throughout the country.”

The new NLRB framework violates the Supreme Court’s decision in Gissel by making it easier for the Board to order that an employer recognize and bargain with a union even if the union lost an NLRB-supervised secret ballot election. NFIB’s brief also argues that the NLRB overstepped its authority and made a policy change that Congress previously rejected.

NFIB filed the brief with more than a dozen organizations representing America’s employers and business community.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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