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The National Labor Relations Board’s (NLRB) landmark decision in the Cemex Construction Materials Pacific, LLC case, issued on August 25, signifies an attempt by its current leadership to turn around long-declining union membership in the private-sector workforce. If the NLRB’s opinion withstands legal challenge, it will overturn decades of legal precedent that governs the process of union recognition.
Under the National Labor Relations Act, unions are entitled to request information from an employer that is relevant to carrying out the union’s representation duties. The key limiting principle is that the union must demonstrate the “relevance” of information that does not pertain directly to the wages, hours or working conditions of bargaining unit employees. On February 28, the National Labor Relations Board (the Board) issued a decision that significantly alters the “relevance” test.
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