Communication Regarding Union Authorization Cards

Abstract

In light of the recent NLRB decision in Cemex Construction Materials Pacific, 372 NLRB No. 130 (2023) (see News, page 1), now more than ever employers should address the matter of card signing in their union prevention strategies. Limiting the ability of union organizers to gain a sufficient number of signed union cards is important to restricting their ability to lawfully demand recognition. Gone is the day of dismissing recognition demands and simply relying on union‐filed election petitions. The demand for recognition, without a corresponding petition by the employer, can be sufficient to defeat a union prevention strategy.