James Brudney, Joseph Crowley Chair in Labor and Employment Law at Fordham Law, shares his expert opinion with National Law Journal after the National Labor Relations Board (NLRB) said its Cemex decision aims to strengthen the NLRB’s ability to address unfair labor practices during organizing campaigns and prevent recurrences.
James Brudney, a labor law professor at Fordham School of Law, said Cemex’s position faces hurdles.
“There’s language in the Supreme Court [Gissel] opinion [that]says, ‘that the cards, ‘though admittedly inferior to the election process, can adequately reflect employee sentiment when that [election]process has been impeded needs no extended discussion, for the employers’ contentions cannot withstand close examination,'” Brudney said.
Read “Will 9th Circuit Uphold NLRB’s New Pro-Union Bargaining Orders Rule?” in National Law Journal.
