Now that the NLRB has a quorum with a 3-1 Republican majority sworn in, General Counsel Crystal Carey issued a memorandum identifying Board precedents to which she plans to prioritize challenges.
The targeted decisions include Cemex Construction Materials Pacific, which requires an employer presented with evidence of majority union support to either recognize the union or promptly seek an NLRB election and can result in a bargaining order if the employer commits unfair labor practices that undermine the election. She is also seeking to reverse the Board’s 2024 Amazon decision prohibiting employers from requiring workers to attend “captive audience” meetings about unionization.
In addition, Carey also wants to overturn Endurance Environmental Solutions, which requires a union to have “clearly and unmistakably” waived its right to bargain before an employer may make certain unilateral workplace changes, and return to the more employer-friendly “contract coverage” standard. Carey also intends to ask the Board to reconsider Thryv, which expanded remedies for unfair labor practices to include compensation for direct or foreseeable financial harms suffered by employees.