New NLRB Standard is Critical to Preventing Unlawful Union Busting

(SAN FRANCISCO) – Following the conclusion of oral arguments before the 9th U.S. Circuit Court of Appeals, the Teamsters are calling for the court to uphold the ruling in Cemex Constr. Materials Pac., LLC v. NLRB. The Cemex Doctrine, as it’s come to be known, is a landmark ruling that has been critical to protecting workers from unlawful employer harassment during union organizing.

“Cemex’s union busting started against rank-and-file Teamsters years ago, but it should end with a ruling from these judges,” said Teamsters General President Sean M. O’Brien. “An affirmation of the Cemex Doctrine will be the correct thing to do under the law and a major victory for every American worker who wants to organize without having to endure thuggish intimidation tactics from their employers.”

The Cemex Doctrine was imposed by the National Labor Relations Board (NLRB) last year after the Teamsters waged a legal battle against the cement contractor for egregious labor law violations that the company committed during a union organizing drive at facilities in Southern California and Nevada. The NLRB ruled that when a union has established majority support, if an employer commits labor law violations that compromise the integrity of subsequent election results, the company then has to bargain with the union (rather than re-running the election). The Cemex Doctrine also requires that a bargaining order be issued in situations where the employer neither recognizes the majority union nor files for an election.

Founded in 1903, the International Brotherhood of Teamsters represents 1.3 million hardworking people in the U.S., Canada, and Puerto Rico. Visit Teamster.org for more information. Follow us on Twitter @Teamsters and “like” us on Facebook at Facebook.com/teamsters. 

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