NEW ELECTION PROCEDURES AT THE NLRB
November 6, 2023
1. On August 25, 2023, the Board issued a decision in Cemex Construction Materials Pacific, LLC announcing a new framework for determining when employers are required to bargain with unions without a representation election.
2. The new framework will both effectuate employees’ right to bargain through representatives of their own choosing and improve the fairness and integrity of Board-conducted elections.
3. Under the new framework, when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election.
4. The NLRB had stated that this new election procedure takes place on December 26, 2023, but the NLRB is allowing a union to use this new procedure earlier.
5. However, if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed, and—rather than re-running the election—the Board will order the employer to recognize and bargain with the union.
6. You should note if the employer wins the first election, a union could file objections to the election stating that the union represented the majority of the employees. If the Employer stipulates to a second election with the union the NLRB might state the second stipulation is invalid and state the employer has to bargain with the union due to their unfair labor practices. However, the union has to prove there were unfair labor practices committed.
7. However, this determination to bargain with a union could take months or years to resolve at the NLRB if the employer goes to trial and files exceptions, etc. to any ALJ rulings.
Fundamentals of Labor Law
Sanford Rudnick has written a book called Fundamentals of Labor Law which helps Employers practice at the NLRB. He has used this book for over 40 years.
Sanford Rudnick has gotten this book into many law schools around the country such as Harvard and USC Law School.
Also, Sanford Rudnick has gotten other books on Resolution of Conflict into the Library of Congress and many other libraries around the world.
The major problem in any election or an unfair labor practice charge, is how to resolve conflict between management and your employees. In fact, according to the NLRB there is an 16% increase in unfair labor practices charges being filed by employees or unions in 2023.
Sanford Rudnick uses these principles in these books to win elections and to resolve charge at the NLRB. Call H. Sanford
Rudnick & Associates to purchase these books at
1-800-326-3046.

IF YOU NEED ASSISTANCE IN CONDUCTING AN ELECTION MEETING, PLEASE CALL:
H. Sanford Rudnick JD: 1 800-326-3046

H. Sanford Rudnick & Associates is a full-service Labor Relations firm with 40 years of experience in negotiating union contracts, NLRB matters and all human resource matters. In fact, Mr. Rudnick has written a book called "Fundamentals of Labor Law Regarding Unions" which includes a summary on the National Labor Relations Board and Unions which is at Harvard Law School Library and other law schools around the country. Call to purchase your copy at for $29.95 800.326.3046.
We step in when your business demands your attention or when the unions or the laws or rules of the any of the following threaten the success or profitability of your business.
National Labor Relations Board (NLRB)
Equal Employment Opportunity Commission (EEOC)
Employee Motivation
Wage and Hour Surveys
Union elections
Collective bargaining
negotiations
Decertifications
The need for union avoidance
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If my firm, H. Sanford Rudnick & Associates, can be of assistance to you concerning an election,
an unfair labor practice, negotiations, your unfunded pension liability
or any other human resource matter, please contact me immediately to schedule a free telephone consultation.
Respectfully,
H. Sanford Rudnick, J.D.
Labor Consultant
800.326.3046
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