Alex Preller Discusses Litigation Stemming From NLRB Pro-Union Decision With Bloomberg Law

Labor and employment associate Alex Preller spoke to Bloomberg Law about the National Labor Relations Board (NLRB) decision to ease union organizing that is facing its first challenge in the U.S. Court of Appeals for the Ninth District. 

The court heard arguments in Cemex Construction Materials Pacific LLC’s challenge to the NLRB’s ruling that created a framework designed to clean up representation elections and provide a path to unionization without a formal vote, the publication noted. Under the Cemex framework, secret ballot elections are diminished by creating a card-check system that turns on a majority of workers signing union authorization cards. The framework makes that shift by triggering a bargaining order after a union demands recognition, Preller said. 

“The level of perfect compliance with labor law really flips the script in favor of authorization cards over elections,” Preller said.