Companies Brace as Unions Jump on Labor Board’s Recognition Test

Employers should expect increased litigation at the National Labor Relations Board as unions take advantage of a new, lower standard for getting an order to bargain.

Under the board’s new Cemex doctrine, companies could be hit with bargaining orders if they fail to recognize a union or commit “even one” unfair labor practice in the run-up to a representation election, NLRB General Counsel Jennifer Abruzzo has warned.

The Nov. 2 guidance provides an incentive for unions to file more unfair labor practice charges alleging labor law violations that previously wouldn’t have resulted in remedial board orders, attorneys say.

“Abruzzo ...