The Cemex Rules May Be Coming To An End, As Amazon Openly Challenges Current Election Requirements

In August 2023, the NLRB’s then-Democratic majority issued its decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), fundamentally altering the framework for union recognition and employer obligations when confronted with a union’s demand for bargaining.

Before the decision in Cemex, an employer could generally deny or ignore a request for recognition by a union. The union would then have the option of filing a petition for election. This would kickstart a formal election process, during which the Board would assess the appropriateness of the unit, among other issues, and then decide whether to order an election. The parties also could negotiate an election agreement. If an election occurred, eligible voters could cast their ballot anonymously. Under this historic framework, the onus was on the union to file the petition and to establish at least 30% support from an appropriate bargaining unit.