NLRB’s New Cemex Standard Threatens Interim Court Order Process

The National Labor Relations Board’s new standard for handling union representation disputes has the potential to undercut the agency’s ability to obtain interim orders in federal district court.

In Cemex Contruction Materials Pacific LLC, the board simplified the process for getting stiffer remedies from the NLRB against employers that are found to have broken the law during a union organizing campaign.

Cemex allows the NLRB to issue orders requiring an employer to bargain with a union if it commits a single National Labor Relations Act violation in the run-up to an election, or if a company doesn’t accept a ...