Labor News & Commentary November 5, 2023 35,000 Culinary Union members prepare to strike

[Omaha Steve]

https://onlabor.org/november-5-2023/

By Swap Agrawal

Swap Agrawal is a student at Harvard Law School.

In this weekend’s news and commentary, GC Abruzzo issues Cemex guidance, and 35,000 Culinary Union members prepare to strike.

On November 2, NLRB General Counsel Jennifer Abruzzo issued a guidance memo describing how the agency plans to implement the Board’s decision in Cemex Construction Materials Pacific, LLC. The memo explained that in the case of employer unfair labor practice(s) which render a recent or pending election a less reliable indicator of current employee sentiment than a current alternative nonelection showing, regions should dismiss the pending election petition and seek a remedial bargaining order. The Board will then rely upon the prior designation of a representative by a majority of employees by nonelection means, such as valid union authorization cards.

GC Abruzzo said that the agency will seek bargaining orders if employers commit “even one” unfair labor practice, including “less serious” violations of Section 8(a)(1) and (3), unless the violations are “so minimal or isolated that it is virtually impossible to conclude that the misconduct could have affected the election results.” The memo shows that the agency intends to be aggressive in its use of Cemex bargaining orders to deter employer unfair labor practice. Finally, GC Abruzzo noted that Cemex did not address situations where an employer may have forfeited or waived its avenue to seek a Board-conducted election due to an agreement or independent knowledge of majority support, and she encouraged parties to submit these cases to the Division of Advice.

FULL story at link above.

[Stuart G]

1. K and R