On April 11, 2022, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, filed a brief in a case pending before the NLRB, Cemex Construction Materials Pacific, seeking a return to the NLRB’s long-abandoned Joy Silk doctrine. Under that doctrine, unions may obtain representational status, simply by claiming to have the support of a majority of a private employer’s employees (typically through union card signing)—and putting the burden on the employer to affirmatively demonstrate a good-faith doubt as to that majority status in order to lawfully refuse to recognize the union as the employees’ exclusive representative without an election. Additionally, GC Abruzzo is now advocating for eliminating an employer’s right to hold captive audience meetings – effectively preventing employer’s from educating employees on the good, bad and ugly of union membership.
Private employers of all sizes throughout the U.S. who prefer to remain union-free (in whole or in any part) need to understand these critical updates. Please join SmithAmundsen Labor & Employment Attorney, Jeff Risch, as he discusses all aspects of union organizing and how employers can proactively navigate through these troubling developments.