First Cemex Bargaining Order Requested on Behalf of Trader Joe's United
Trader Joe's United lost an election in New York in a tie vote. Now, the union is seeking a bargaining order under Cemex.
In April, Trader Joe’s United, a union that has unionized several Trader Joe’s stores across the country, lost an election to unionize a Trader Joe’s store in New York City with a tie vote.
Now, though, the union wants the NLRB to issue a “Cemex bargaining order.”
Background. On Friday, the National Labor Relations Board (NLRB) announced its 121-page decision in Cemex Construction Materials Pacific, LLC.
The new Cemex decision provides for the issuance of bargaining orders by the NLRB if a union has a majority support when the originating petition was filed by a union (or employer) and the employer commits unfair labor practices.
According to a LinkedIn post by union attorney Seth Goldstein, the first request for a ‘Cemex bargaining order’ was requested on Monday.
“Today, Trader Joe’s United became the first union to request the National Labor Relations Board (Region 2) issue a Cemex bargaining order against Trader Joe’s,” Goldstein stated. “Attached is a copy of the Amended Charge and Request for a Cemex bargaining order.”
In the NLRB’s Friday announcement of the Cemex decision, the Board stated “…if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed, and—rather than re-running the election—the Board will order the employer to recognize and bargain with the union.”
It is unclear how the NLRB will hand the request.
As the election was held in April, presuming many of the charges listed above were filed as election objections, it can be reasonably assumed that the NLRB is somewhere in the investigative process.
Once the NLRB completes its investigation, it is possible that NLRB will issue a bargaining order and the Trader Joe’s store will end up unionized, despite the fact that half of the employees voted against unionizing.
Stay tuned.
