‘Even One’ Violation Can Spur Bargaining Orders, NLRB Memo Says

The National Labor Relations Board will seek bargaining orders under its new Cemex doctrine if employers fail to recognize a union or commit “even one” unfair labor practice in the run-up to a representation election, the agency’s top lawyer said.

The agency’s regional directors should seek bargaining orders if an employer refuses either to recognize a union when shown evidence of majority support from the workers or file a petition with the board to dispute the union’s proposed bargaining unit, NLRB General Counsel Jennifer Abruzzo said in a memo Thursday.

The memo—the first guidance to come out since the board’s ...