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A peak from behind the curtain: businesses are scared of how easy it is to achieve a union right now. Don’t underestimate how easily you could pull it off.

Corporate lawyer checking in, just got out of a fun seminar for some California continuing education, which included a good bit on the importance of handling unions correctly. As a union family I couldn't help laughing from behind the corporate mask the whole time. tl;dr: it's easier than ever to form a union, and if your employer makes big enough mistakes in handling your attempt to unionize, the NLRD will default them into recognizing the union. We recently had the Cemex decision: https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-announcing-new-framework-for-union-representation when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election. However, if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will…


Corporate lawyer checking in, just got out of a fun seminar for some California continuing education, which included a good bit on the importance of handling unions correctly. As a union family I couldn't help laughing from behind the corporate mask the whole time.

tl;dr: it's easier than ever to form a union, and if your employer makes big enough mistakes in handling your attempt to unionize, the NLRD will default them into recognizing the union.

We recently had the Cemex decision: https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-announcing-new-framework-for-union-representation

when a union requests recognition on the basis that a majority of employees in an appropriate bargaining unit have designated the union as their representative, an employer must either recognize and bargain with the union or promptly file an RM petition seeking an election. However, if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed, and—rather than re-running the election—the Board will order the employer to recognize and bargain with the union.

Combined with the idea of Micro-Units: https://www.employmentlawwatch.com/2022/12/articles/us-alert/nlrb-makes-it-easier-for-unions-to-organize-micro-units/

Plus the fact that a union vote requires only 51% of the VOTERS and not 51% of the EMPLOYEES.

It has never ever ever ever been easier to unionize your workplace. And this will last until the White House goes Red again so get your efforts in now.

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