August 30, 2023

Ryan Funk Quoted by Bloomberg Law on NLRB Framework to Ease Unionization

In “New Path to Ease Unionization Must Overcome Judicial Scrutiny,” Bloomberg Law turned to labor and employment partner Ryan Funk for insight on the National Labor Relations Board’s (NLRB) new framework for easing unionization, which, according to the publication, remains vulnerable to legal challenges.

Regarding the framework itself, Cemex Construction Materials Pacific’s two main pillars are open to court challenges, said Funk. He added that the NLRB described the mandate for employers to either recognize unions with majority support or file for elections as a function of its remedial authority, an apparent attempt to win deference from reviewing courts.

But if a court sees it as a substantive change because it created a new unfair labor practice, then the NLRB’s explanation that it’s focused instead on remedies may not satisfy that court, Funk noted. More significantly, he stated that Cemex’s mandate to issue a bargaining order when there are unfair labor practices (ULP) runs headfirst into NLRB v. Gissel Packing, which set a much higher standard for ULPs that can trigger bargaining orders.

The full article is available for Bloomberg Law subscribers.

Full Article

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