A Note by Jarrett Krouss
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Under President Joe Biden, the frequency of union elections exploded– election petitions increased by roughly a quarter in 2024 compared to 2022 and 2023, and were double those filed in 2021. While many factors have likely contributed to the rise in union elections, the August 2023 National Labor Relations Board (“NLRB”) decision in Cemex Construction Materials Pacific, LLC plays a major role. A three-to-one ruling of the NLRB Board, Cemex lowered requirements for the issuance of mandatory bargaining orders. . . .