Before August hit, many legal teams might have considered the chance of their company’s employees unionizing as minuscule.

Suddenly, as a result of a single, employee-friendly National Labor Relations Board (NLRB) ruling, the calculus has completely changed.

The ruling in Cemex Construction Materials Pacific LLC puts employers in the onerous position of being forced to recognize and bargain with a union—unless they take swift action to request an employee election and prevail in that election. The upshot is that, in some cases, employees will be able to unionize without having to seek and prevail in a vote by workers, long the biggest obstacle to successful unionizing efforts.


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