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August 25, 2023judiciallabor rightsunion organizingcollective bargainingNLRBjudicial

Biden NLRB ruling requires employers to bargain with newly certified unions immediately

The Biden NLRB issues a landmark ruling in Cemex Construction Materials Pacific, LLC, requiring employers to begin bargaining with a newly certified union immediately upon the union's election win, rather than being allowed to challenge the results and delay for months or years. The ruling overturns decades of precedent that had allowed employers to refuse to bargain while litigating election challenges, providing a powerful tool for delaying and demoralizing newly organized workers. NLRB General Counsel Jennifer Abruzzo says the ruling is essential because employer delay tactics were undermining workers' right to organize. The ruling significantly speeds up the time between when workers vote to unionize and when their employer must negotiate.