After nearly 30 years, the National Labor Relations Board restores a policy that truly punishes employers for unfair labor practices.
Republicans are bowing to industry lobbyist in loosening state child labor laws. The inevitable result will be a rise in child deaths in the workplace.In all, the NLRB found Cemex to have committed “more than 20 distinct instances of objectionable or unlawful misconduct.
” These efforts bore fruit. The union lost the representation election. The board found, however, that the company had effectively crossed “the fine line between lawful persuasion and unlawful coercion.” It also found that several high-level company officials lied to the administrative law judge to hide the company’s lawbreaking. A Cemex spokesperson told me by email that the company was “disappointed” by the NLRB decision and is “evaluating next steps.” The spokesperson said, “We remain committed to providing the best working environment and to complying with all labor laws and fair practices” and the ruling “does not affect that commitment.” According to an NLRB standard implemented in 1949, the board could have ordered the company to recognize the union and start bargaining. But that standard, known as the Joy Silk rule after the textile mill that produced it, was abandoned in the course of a Supreme Court case in 1969.Under the original rule, an employer could refuse to recognize a union and demand an election only if it had a solid reason to doubt that the union had really achieved a majority, not merely to reject collective bargaining rights or to undermine the union. The change left the board with only one real remedy against employer efforts to undermine unionization elections — to schedule a new election. That plays into employers’ hands, because delays almost always work in their favor. Indeed, NLRB statistics show that unfair labor practices soared after the Joy Silk rule was abandoned in 1969. Over the following decade, accusations of illegal firings increased from 8,122 to 18,313 and charges of illegal intimidation of unionization advocates from 947 to 6,493.
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