Cemex's Death Penalty for Campaign Violations

Abstract

The recent decision by the NLRB in Cemex Construction Materials, 372 NLRB No. 130 (2023), referenced earlier, has reverberated throughout employers who are seeking to maintain union‐free status. A recent memorandum issued by the NLRB General Counsel, Jennifer Abruzzo, gives rise to even greater concern. NLRB General Counsel Memorandum 24‐01 (November 2, 2023). The stakes for legal compliance during union campaigns have been heightened to unprecedented levels.