On March 12, the Coalition for a Democratic Workplace and several other employer organizations filed a petition for rulemaking with the NLRB urging the Board to issue a rule rescinding its Cemex decision and restoring the pre-Cemex framework for union-representation procedures.

The following can be attributed to CDW Chair Kristen Swearingen:

“The Cemex decision was contrary to the NLRA, Supreme Court precedent, and the basic tenets of workplace democracy. It gave the Board the authority to force a union on workers without a secret-ballot election based solely on unreliable authorization cards. Just a single, unintentional violation of the Act could result in forced unionization. The mere existence of this decision chills Constitutionally-protected free speech.

“Board members take an oath to uphold the Constitution, and they are bound by decisions out of the Supreme Court. Cemex directly conflicts with multiple long-standing Supreme Court decisions. The Board has a duty to reverse this decision as soon as possible — whether by rulemaking or adjudication.”

The other employer organizations on the petition were Associated Builders and Contractors, American Hotel & Lodging Association, CHRO Association, FMI – The Food Industry Association, Independent Electrical Contractors, International Franchise Association, International Foodservice Distributors Association, National Association of Wholesaler-Distributors, National Federation of Independent Business, National Ready Mixed Concrete Association, National Retail Federation, and Restaurant Law Center.