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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, March 6, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will guide counsel through the NLRB's recent Cemex decision that overturned 50 years of precedent and established a new framework by which private sector employees may unionize and the new 2023 Election Rule that shortens the time period between union petitions and elections, thereby accelerating the unionization process. The panel will examine increased employer obligations and risks, discuss notable post-Cemex decisions, and provide best practices for compliance.

Faculty

Corey Franklin
Partner
FordHarrison LLP

Mr.  Franklin’s legal practice is focused on the representation of management in labor relations issues and employment law disputes. A majority of his practice is dedicated to helping clients with both unionized and non-unionized personnel when facing labor relations issues. He is highly skilled in advocating for clients in complex collective bargaining negotiations, labor arbitration and grievance proceedings, union organizing campaigns, strikes, and administrative proceedings before the National Labor Relations Board. Mr. Franklin represents private companies as well as public entities, including municipal bodies, in collective bargaining, state labor relations act compliance, and contract arbitration/impasse resolution proceedings. He also frequently litigates employment law matters including restrictive covenant disputes as well as claims of wage and hour violations, discrimination, harassment, and retaliation. He also provides day-to-day counsel to employers on remaining compliant with the complicated network of constantly evolving federal, state, and local labor and employment laws and provides tailored guidance on policy compliance, workplace safety, internal investigations, and legal risk management. Mr. Franklin is the Office Managing Partner of FordHarrison's St. Louis office.

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Joshua S. Fox
Senior Counsel
Proskauer Rose LLP

Mr. Fox is a senior counsel in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups.





As a member of the Sports Law Group, Mr. Fox has represented a number of Major League Baseball Clubs in all aspects of the salary arbitration process.  He also has extensive experience representing professional sports leagues and teams in grievance-arbitration proceedings, and has played a key role in representing professional sports leagues in all aspects of their collective bargaining negotiations with players and officials, including the Major League Baseball, National Hockey League, the National Football League, Major League Soccer, the Professional Referee Organization, and the National Basketball Association.  Mr. Fox has also represented teams and arenas in all aspects of labor relations involving labor unions representing arena staff. 

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Description

The NLRB's recent decision in Cemex Construction Materials Pacific L.L.C. (2023) overturned 50 years of precedent and essentially re-wrote the process by which private sector employees can unionize. The new standard requires employers to voluntarily recognize unions or promptly initiate election proceedings. Under the new Cemex standard, when a union claims majority support and demands recognition, an employer has three potentially perilous options: (1) recognize the union and begin bargaining without testing whether the union actually has majority support; (2) file an RM petition within two weeks of the union's demand to determine union support; or (3) take no action and defend against a refusal to bargain unfair labor practice (ULP) charge.

The NLRB General Counsel's follow-up guidance memo to Cemex states that "employers act at their own peril in refusing to recognize and bargain" and that the NLRB will seek bargaining orders under the new Cemex doctrine if employers fail to recognize a union or commit even one ULP in the run-up to an election. The new standard will be applied retroactively.

Additionally, the NLRB recently released the 2023 Election Rule (a.k.a. the "quickie" election rule), effective Dec. 26, 2023, that governs representation-case procedures. The new rule shortens the time period between union petitions and elections, thereby limiting the employer's ability to respond to a union-organizing campaign and expediting the unionization process.

Listen as our expert panel provides an in-depth look at the Cemex opinion and 2023 Election Rule and their impact on employers. The panel will examine notable post-Cemex decisions. The panel will also provide practitioners with best practices for helping employers prepare for accelerated union activity and mitigating the risk of committing a ULP.

Outline

  1. Background: how did we get here?
    • Linden Lumber Division, Summer & Co. (1971)
    • 2014 Election Rule
    • 2019 Election Rule
  2. New 2023 Election Rule
  3. Cemex Construction Materials Pacific L.L.C. (2023)
  4. NLRB General Counsel Cemex guidance memo
  5. Notable post-Cemex decisions
  6. Employer impact
  7. Best practices for compliance

Benefits

The panel will review these and other important considerations:

  • How does the Cemex standard differ from the precedent established by Linden Lumber?
  • What new obligations and risks does Cemex create for employers?
  • How does the 2023 Election Rule differ from the 2019 rule?
  • What procedural changes are included in the new election rule?
  • How does the new election rule limit how employers may respond to union organizing campaigns, and what risks does it create for employers?
  • What are best practices for minimizing the risk of committing a ULP under the Cemex framework and the new election rule?