Cemex's Early Casualties: A Warning for Union Campaigns

Abstract

As mentioned in this edition of Management Report, the decision in Cemex Construction Materials, 372 NLRB No. 130 (2023) is one of the more significant in recent times. Given its retroactive effect, the case can unwittingly ensnare employers into union recognition. One recent example is found in an administrative law judge's decision in I.N.S.A., Inc., JD‐60‐23 (September 21, 2023).