Here Are The Objections The UAW Has Filed Against Mercedes Benz
If the objections have merit, despite their vote against the UAW, Mercedes Benz workers could be unionized under the NLRB's new Cemex standard.
By Peter List, Editor | May 24, 2024
As expected, following the United Auto Workers’ (UAW) surprising defeat last week at Mercedes Benz in Alabama, where 56% of Mercedes’ workers voted against unionizing, the UAW has filed objections to the election, accusing Mercedes management of “wanton lawlessness.”
In its objection filing (see below), in addition to listing out more than a dozen allegations of wrongdoing, the UAW references the NLRB’s new Cemex standard, which allows the NLRB to force an employer to bargain with a union, even if a majority of employees vote against unionization.
However, the UAW also refers to the NLRB setting an election aside and ordering a new election.
Is it up to the UAW, or up to the NLRB?
Based on the allegations, although the UAW appears to be asking for a rerun election at Mercedes, under the NLRB’s new Cemex standard, if even some of the allegations are proven true, it seems unlikely the NLRB would order a new election, as opposed to a Cemex bargaining order.
If the NLRB were to order a rerun election instead of a bargaining order, it may seem that the NLRB would be willing to set a different standard for different employers, including issuing bargaining orders for employers with fewer (and less serious) charges, while ordering second elections at others.
Whether the NLRB orders a new election or issues a bargaining order, the fate of the Mercedes Benz workers is now in hands of the union attorneys at the National Labor Relations Board.
